IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4006 of 2006 1. RAM ISHWAR YADAV, SON OF LATE MADHESHWAR YADAV. 2. BEYADAR YADAV, SON OF LATE NITAN YADAV. 3. RANDHIR KUMAR @ RANDHIR YADAV, SON OF SRI RAM KRISHNA YADAV. 4. JAYSHREE YADAV @ KHOJAN YADAV, SON OF BEYADAR YADAV. ALL RESIDENTS OF VILLAGE OJHA BIGHA, POLICE STATION KALER(MEHANDIA), DISTRICT-ARWAL(JEHANABAD). ………………………………………………………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. ARJUN SINGH, SON OF SRI NATHUNI SINGH, RESIDENT OF VILLAGE-OJHA BIGHA, P.S. KALER, DISTRICT-ARWAL. ……………………………………………………OPPOSITE PARTIES. ----------- For the Petitioners : M/s. Vindhyachal Singh and Umesh Kumar, Advocates. For the State : Mr. Jharkhandi Upadhyay, A.P.P. For O.P. No.2 : Mr. S.K. Baranwal, Advocate. ------------ 6. 19.3.2009. When the case is taken up for hearing in the admission matter, the learned counsel for O.P. No.2, the informant, submits that the charge has already been framed and this application has become infructuous since it sought to challenge the order rejecting the prayer for discharge. The learned counsel for the petitioners submits that from the allegations made in the F.I.R. no palpable case appears to have been made out and even otherwise the alleged written report of the informant was filed almost after 7 months inasmuch as whereas the occurrence took place on 21.7.2001, the written report came to be submitted on 22.2.2002 and there is no plausible explanation for such delay. Since charge has already been framed in the case, it shall be open to the petitioners to raise all these issues at the appropriate time at the appropriate - 2 - forum. With the aforesaid observations this application is disposed of. P.S. (Abhijit Sinha,J)