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Judgment
Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.
This Criminal Revision is directed against the order dated 06.08.2015 passed in Sessions Trial No.264 of 2015, arising out of Sonepur P.S. Case No.535 of 2014, whereby and whereunder the learned Additional Sessions Judge-II, Chapra, rejected the application of the petitioners filed under Section 228 of the Code of Criminal Procedure, to remit the case to the court of any of the learned Judicial Magistrate, Chapra, as the offence under Section 307 of the Indian Penal is not made out against the accused-petitioners and the rest offences are triable by the learned Judicial Magistrate, First Class.
The report regarding the stage of the aforesaid Sessions Trial No.264 of 2015, arising out of Sonepur P.S. Case No.535 of 2014, as called for vide order dated 19.02.2018 passed by a Bench of this Court, has been received from the court of the learned 2nd Additional Sessions Judge, Saran at Chapra, vide letter no.37 dated 27.02.2018, from which it appears that after framing of the charge against the accused-petitioners in this case on 20.01.2016, last witness was examined on 10.02.2017 and the next date was fixed for evidence of the prosecution witnesses on 16.04.2018.
Since the trial in the aforesaid case is going on in the court of the learned 2nd Additional Sessions Judge, Saran at Chapra, after framing of the charge against the accused-petitioners, I find no reason to entertain this Criminal Revision and, accordingly, this Criminal Revision stands dismissed. However, the petitioners would be at liberty to raise all the points, as raised herein, before the trial court at the appropriate stage.