Sanjeet Kumar @ Chhote vs The State Of Bihar on 1 October, 2010

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.8234 of 2008
           SANJEET KUMAR @ CHHOTE S/O- HARENDRA PRASAD SINGH, R/O-
           NIRIYA TULSIPUR, P.S.- KARAI PASSURAI, DISTRICT- NALANDA, AT
           PRESENT D-134 P.C.- COLONY, KANKARBAGH, PATNA.
                                                Versus
                                     THE STATE OF BIHAR
           For the petitioner      : Mr. Ram Padarath Singh, Advocate
           For the State           : Mr. Jharkhandi Upadhyay, APP
                                              -----------

3 01.10.2010 Petitioner, while assailing the order impugned dated

2.8.2005 taking cognizance, fairly states that during the

pendency of this application, charges have been framed and the

trial has commenced. This Court finds that the application was

earlier dismissed for non-prosecution but subsequently restored.

There is no interim order in favour of the petitioner.

Having regard to the submissions made by learned

counsel for the petitioner, this Court declines to interfere the

order impugned. It will be open to the petitioner to take and

demonstrate his defence that the prosecution has been launched

without there being any valid sanction. .

The application is accordingly disposed of.

( Kishore K. Mandal, J. )
pkj