IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1033 of 2009 URMILA DEVI @ URMILA KUMARI ………… Petitioner Versus 1. STATE OF BIHAR 2. Kiran Kumari …….. Opposite Parties. ----------- 3. 16-07-2010 Petitioner is distant relative of the informant/complainant. She has challenged the order passed by the Additional District and Sessions Judge-II, Gaya in S.T. NO. 690/2009 whereby the application filed under section 216 of the Code of Criminal Procedure, has been considered and rejected as not maintainable. Admitted position is that trial has not as yet begun in which witness has been examined. Petitioner had earlier moved this court against the order rejecting the application filed under section 227 of the Code of Criminal Procedure. This court vide order dated 19-03-2009(Annexure-5) disposed of the same. This court is rather surprised as to how such an application was filed in the court under section 216 of the Code when trial has not as yet begun and in which no witness on behalf of any of the parties was examined. The application appears to be misconceived. There is no merit in this application. The application is accordingly dismissed. Sujit (Kishore K. Mandal, J)