IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55617 of 2007 1. LEELA DEVI, WIFE OF LATE BADRI NARAYAN SIH. 2. PREM KAMAL SINGH @ PREM SINGH, SON OF VIJAY PRAKASH, BOTH RESIDENT OF BAXI MAIDAN, P.O. BEGAMPUR, P.S. CHAUK, DISTRICT PATNA. ------- PETITIONERS Versus 1. THE STATE OF BIHAR. ------- O.P. – 1ST PARTY 2. MANOJ KUMAR, SON OF SHYAM BABU SINGH, RESIDENT OF MURCHA ROAD, KURMI TOLA, P.O. BEGAMPUR, P.S. CHAUK, DISTRICT PATNA IN THE HOUSE OF LAKSHAMAN RAI AND RAGHUNANDAN RAI -------COMPLAINANT – O.P. 2ND PARTY ----------- 2 23.3.2010 The petitioners have challenged the order dated 6.10.2007, passed by the Judicial Magistrate, 1st Class, Patna City in Complaint Case No. 870(C) of 2004. The ground for filing this application is that the petitioners had filed petitions dated 24.3.2007 and 10.9.2007 under Section 245 Cr.P.C. to consider his application for discharge. Learned counsel for the petitioners submits that it would appear from the order sheet that the Court in a very perfunctory manner has passed an order rejecting the applications by stating that after examining the charge sheet witnesses he finds sufficient material to proceed in this matter. The order was passed on 6.10.2007. It is expected that by now charges would have been framed and the witnesses also examined however, if the Court has not framed - 2 - charges as yet then the Court should do so within one month from the date of receipt/production of a copy of this order. This application is disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J. )