Heard the parties.

2. The prayer of the petitioner in this application is to quash the order dated 5.6.2008 passed by the Sessions Judge, Seraikella-Kharsawan in Sessions Trial No. 53/2008, rejecting the prayer of the petitioner for keeping the said Sessions Trial in abeyance on the ground that the C.I.D. has taken over the investigation of the case.

3. The facts in short giving rise to this application are that an FIR being Chandil P.S. Case No. 60/2007 was registered under Section 302/201 IPC on the Fardbeyan of Chaukidar Niwaran Mahli wherein it is alleged that on 3.5.2007 the said Chaukidar got information at 9.00 a.m. that a dead body was lying in front of !.B.P. Petrol Pump in village Ashabani at NH-33. The dead body was identified on the basis of the Identity Card found in his pocket, as Suresh Singh, resident of A302, Monika Apartment, Jagdev Path, Bailey Road, Patna. On enquiry nobody could identify the deceased. The deceased was found to have been killed by causing three sharp cut injuries on his head .

4. According to the counter affidavit, filed by the State, in course of investigation the involvement of the petitioner and Smt Anupma Singh, the wife of the brother