IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.44628 OF 2010 NANDU VISHWAKARMA, SON OF OM PRAKASH VISHWAKARMA, RESIDENT OF VILLAGE DURGAPUR, POLICE STTION GIRIYAK, DISTRICT NALANDA VERSUS 1. THE STATE OF BIHAR 2. ASHA KUMARI, DAUGHTER OF DAROGI CHAURASIA, RESIDENT OF VILLAGE DURGAPUR, POLICE STATION GIRIYAK, DISTRICT NALANDA ******* 2 21/01/2011 This application has been filed against the order dated 24.07.2010 passed in Sessions Trial No. 628 of 2010 by which the 5th Additional Sessions Judge, Nalanda at Biharsharif has framed charges against the petitioner under Section 376 of the Indian Penal Code. Learned Counsel for the petitioner submits that the victim lady has already filed a petition in Court in which she has stated that she has not filed this case, much less she has been raped by the petitioner. It is further submitted that the victim girl is going to be married in the near future and the continuance of the criminal case would spoil her future. It is further submitted that the petitioner was in custody at the time when the charges were framed and as such he could not give instructions to his Counsel to pursue the matter in right earnest. In the circumstances, I quash the order dated 24.07.2010 with liberty to the petitioner to file an application for discharge. The Court below should notice 2 the informant of this case and after hearing her, pass appropriate orders. This application is disposed of with the aforesaid observations and directions. Let a copy of this order be communicated to the Court of the 5th Additional Sessions Judge, Nalanda at Biharsharif in connection with Sessions Trial No. 628 of 2010 through fax at the cost of the petitioner. Anand ( Sheema Ali Khan, J. )