IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16260 of 1998 GOPAL PRASAD Versus STATE OF BIHAR ----------- 7 11-3-2010 Heard learned counsel for the petitioner and learned counsel for the State. When the trial on the basis of a complaint petition had progressed considerably a petition was filed on behalf of the petitioner , one of the accused for discharging him from the case on the basis of certain general directions by the Supreme Court in a case reported in A.I.R. 1996 S.C. 1619 filed by a registered society namely “ Common Cause”. Such a petition was dismissed and the prayer for discharge was rejected on 9-3-1998 by a reasoned order a copy whereof has been annexed as annexure-3. That application for discharge was again pressed on 22-7-1998 but the court rightly refused to pass any fresh order in view of earlier order passed on 9-3-1998. The petitioner has challenged the order dated 22-7-98. On going through the order contained in annexure- 3 and other materials on record, this Court finds no good ground to differ with the conclusion drawn by the court below 2 that the complainant was pursuing the complaint case with due diligence and as per Supreme Court order, no discharge could be permitted when delaying tactics was adopted by the accused persons. In the facts of the case this court finds no merit in this application filed under section 482 of the Code of Criminal Procedure. This application is, therefore, dismissed. Naresh ( Shiva Kirti Singh, J.)