NARAYAN PRASAD JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State.

(2.) THE petitioners have been made accused for the offence under Section 302/34 of the Indian Penal Code in connection with Godda (T) P.S. Case No.201 of 2009, corresponding to G.R. No.634 of 2009 and have been summoned to face the trial in S.T. No. 79/2010 by the learned Sessions Judge, Godda.

(3.) HOWEVER , it appears that armed with this order the petitioners filed application for discharge in the Court below, as in the meantime the charge had also been framed in the case and the witnesses were being examined. The prayer of the petitioners was refused by the Court below, stating that the trial against the petitioners had already commenced and directed the petitioners to swear an affidavit to inform as to whether the petitioners had informed this Court that the charge had already been framed and the witnesses were examined in the sessions trial during the pendency of the matter before the High Court. The petitioners again filed I.A. No.2061 of 2010 in the said Cr. M.P. 1296 of 2009 for