IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.301 of 2008 AKHILESH SINGH Versus THE STATE OF BIHAR & ORS ----------- 4 28.4.2009 Contention of the petitioner is that charges have been framed against the petitioner under sections 147, 353, 307/149 of the Indian Penal Code and 25 1-A), 25 (1-B), 26 and 27 of the Arms Act. First information report was instituted on 30.11.200 and charge sheet was submitted on 26.2.2001 and thereafter cognizance was taken on 27.2.2004 and the case was committed to the court of Sessions. The case record was inspected by the Advocate of the petitioner and thereafter two petitions were filed by the petitioner under sections 227 and 395 of the Cr.P.C. before the Additional Sessions Judge, Fast Track Court No.1, Nawadah for his discharge and his application for discharge was rejected and charges were framed. Main contention of the petitioner is that no relevant documents were produced to find out prima facie case against the petitioner and in the absence of the documents referred to in the terms of sections 161(3), 173(5) and 207(iii) of the Cr.P.C. no prima facie case is made out for charge of the petitioner. Learned Sessions Judge considered this matter. The learned Judge has also noticed the case diary produced apart from the first information report and has stated that on perusal of the case record it appears that seizure list of live cartridge, inquest report of the deceased, seizure list of country made pistol, seizure list of empty cartridges, post mortem report and sanction order of D.M. and report of expert regarding - 2 - fire arms and the statements of 18 witnesses recorded by the police in the case diary so made available and after going through the entire record the Sessions Judge has found that there is prima facie case of framing of charges against the petitioner. In my opinion no interference is required in the impugned order. Apart from the above proper remedy for the petitioner is to apply remedy available to him under Cr.P.C. The writ petition is dismissed. (J.B. Koshy,CJ) Rahman/