IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24287 of 2006 ***** Chandeshwari Yadav son of Late Abir Yadav, resident of village- Maanganj, Police Station Jadia, District Supaul. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 5. 27.4.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner wants quashing of the order dated 1.3.2006 passed by the Additional Sessions Judge, F.T.C. Vth, Supaul in Sessions Trial No.174/01 by virtue of which the petitioner’s application for discharge under Section 227 of the Cr.P.C. has been rejected. Submission of learned counsel for the petitioner is that initially final form was submitted by the police against the petitioner and it was a case of no evidence against him. Thereafter further developments had taken place and he had to challenge the same before the High Court and the High Court has given him liberty to approach the Court after framing of the charge. The discharge application filed by the petitioner was considered by the trial Court and it has been rejected by the impugned order dated 1.3.2006. Contention of the counsel is that keeping the above facts into consideration and also the fact that the petitioner is a next door neighbor, therefore, it is a case of false implication and the trial Court should not be allowed to prosecute the petitioner and conduct the trial for the offences the others have been charged. The case diary of the case was called upon and the same has been gone through by the learned A.P.P. representing the State, the Court - 2 - wanted to be doubly satisfied whether the reasoning given by the trial Court in its order dated 1.3.2006 has any reflection or not in the case diary, the learned A.P.P. submits and refers to the relevant paragraphs in this regard that materials have come against the petitioner. In that view of the matter, I do not find any infirmity with the trial Court rejecting the application under Section 227 of the Cr.P.C. The quashing application has not merit. It is accordingly dismissed. Pawan/- (Ajay Kumar Tripathi, J.)