IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36589 of 2007 SHIV SHANKAR BHAGAT, S/o Late Jayamangal Bhagat, resident of village+P.O. Amarpur, P.S.- Amarpur, District-Banka. …….Petitioner. Versus 1. THE STATE OF BIHAR. 2. Bishwajeet Kumar Bhagat, S/o Sri Jagdish Prasad Bhagat, Resident of Village+P.O.-Amarpur, P.S.- Amarpur, District-Banka. …….Opp. Party. ----------- 09. 29.01.2010 Heard both the parties. The petitioner is aggrieved by the order of cognizance taken by the Chief Judicial Magistrate, Banka by an order dated 04.05.2007/07.05.2007 passed in Amarpur P.S. Case No. 50 of 2007 (G.R. No. 270 of 2007). The counsel for the opposite party is present in court and produced before this Court the certified copy of the evidence of P.W. 1 recorded in the present case corresponding to S.Tr. No. 1083/08 and therefore submits that the application has become infructuous since the trial has already begun. In view of such submission, this application is dismissed. Vikash/- (Anjana Prakash, J.)