IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.30908 of 2011 1. Digvijay Singh 2. Ranvijay Singh Versus The State Of Bihar ----------- 2 08.11.2011 Heard learned counsel for the petitioners as well as learned Additional P.P. Petitioners (accuses) are aggrieved by an order dated 16.6.2011 passed by Additional Sessions Judge, F.T.C., 1 st, Vaishali at Hajipur in connection with Sessions Trial No.72 of 2011 by which the prayer of the petitioner purported to be under Section 227 of the Cr.P.C. has been rejected. Learned counsel, by drawing an attention towards relevant annexures which are the complaint petition filed on his behalf as well as injury report submitted that actually petitioners were assaulted but to save their skin file instant case bearing Mahua P.S. Case No.413 of 2009 by the informant Shambhu Nath Rai. Further submitted that the interest of petitioners were protected by the Hon’ble Court at an earlier occasion and for that referred Anexure-4, order dated 13.1.2009 passed in Criminal Writ Jurisdiction No.865/2008. 2 Learned Additional P.P. opposed and submitted that at the stage of 227 of the Cr.P.C. the defence of the petitioner is not to be looked into unless and until there happens to be its unimpeachable nature. From the own version of the petitioners, there is no dispute with regard to having an occurrence taken place on the alleged date and time of occurrence and for that their happens to be case and counter case. The present stage is not an appropriate stage for consideration of the prayer and so, the prayer of the petitioners appears to be misconceived and is accordingly rejected. PN (Aditya Kumar Trivedi, J.)