NARAYAN SHUKLA,J. - (1.) LEARNED counsel for the petitioner informs that till date the case has not been committed on the ground that further proceeding is pending, whereas even during the course of further proceeding, the case can be committed to the court of competent jurisdiction for trial.
(2.) ON the other hand, Mr. Rajendra Kumar Dwivedi, learned A.G.A. informs that since the original copy of the case diary has been handed-over to the Investigating Officer, the learned trial court is helpless to commit the case for trial, whereas I am of the view that there is no occasion to handover the original copy of the case diary to the Investigating Officer. Therefore, I hereby dispose of the petition with the direction to the learned court below to get returned the original paper of the case diary from Investigating Officer and commit the case to the court of competent jurisdiction for trial. It is further provided that in place of original documents of case diary, he can provide the photo copy of the case diary to the Investigator. With the aforesaid observations/directions, the petition is disposed of finally.;