Kuldeep Jaiswal & Anr vs The State Of Bihar on 29 July, 2011

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.44660 of 2008
    1. Kuldeep Jaiswal.
    2. Sandeep Jaiswal, Both sons of late Kedar Jaiswal.
    Both Residents of Mohalla Gangjala Ward No. 13/18, PS and District Saharsa ---- Petitioners
                                            Versus
                             The State Of Bihar ---- Opposite Party
                                           -----------

2 29.7.2011 This application has been filed against the order dated

17.3.2008, passed in Sessions Trial No. 169 of 2006 by which the

Court has called upon the accused persons to be present for the

purpose of framing of charges. Apparently the petitioners had filed an

application under Section 227 of the Code of Criminal Procdure which

was not pressed as such, the order impugned has been passed.

There is no illegality in the order. In any event, this Court

on perusal of this application finds that the defence raised on behalf of

the petitioners cannot be considered at the stage of framing of charges.

The petitioners would be at liberty to raise all questions during trial of

this case.

This application is dismissed.

        Sanjay                                                       (Sheema Ali Khan, J.)