IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41182 OF 2008 BISHWANATH PANDEY, SON OF ALTE RAM KHELAWAN PANDEY, RESIDENT OF VILLAGE SOHAGI, POLICE STATION NASARIGANJ, DISTRICT ROHTAS VERSUS THE STATE OF BIHAR ******** 2 28/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 12.12.2005 passed in Nauhatta Police Station Case No. 08 of 1998 (Trial No. 1720 of 2006) by which the Chief Judicial Magistrate, Rohtas has taken cognizance for the offences alleged to have been committed under Sections 302, 201, 120 and 34 of the Indian Penal Code. Learned Counsel for the petitioner submits that the occurrence is said to have place on 15.09.1991. After 08 years, charge sheet has been submitted. Counsel for the petitioner submits that no explanation has been given for submitting the charge sheet after eight years of the institution of the case. More over, it is submitted that there is no material except the statement given in the First Information Report and may be the subsequent statement of the informant to substantiate the case that the petitioner is guilty of the offences alleged. 2 I accordingly quash the impugned order as it does not deal with any aspect of the matter and remand the matter back to the Chief Judicial Magistrate, Rohtas at Sasaram to consider the case diary, call for an explanation from the Investigating Officer concerned regarding the delay in filing the charge sheet and pass appropriate orders in this case within a period of three months from the date of receipt/production of a copy of this order, subject to the fact that the trial of this case has not commenced. Counsel for the petitioner is directed to produce a copy of this order before the Chief Judicial Magistrate, Rohtas at Sasaram within a period of one month from today, failing which this application shall stand dismissed. This application is allowed to the extent indicated above. Anand (Sheema Ali Khan, J.)