IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56419 of 2007 DR.TUNNA @ AJIT KUMAR SRIVASTAVA, SON OF LATE SHYAM NARAIN PRASAD, RESIDENT OF MOHALLA AGARWA, P.S. MOTIHARI TOWN, DISTRICT EAST CHAMPARAN. -- PETITIONER Versus THE STATE OF BIHAR --- OPPOSITE PARTY For the Opposite Party :- Mr. Raghav Prasad, Advocate Mr. Maheshwar Prasad, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 2.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the opposite party. This application has been filed for quashing the order dated 11.10.2007, passed in Sessions Trial No. 802 of 2007 by the Additional Sessions Judge, Fast Track Court No. III, Motihari rejecting the application filed on behalf of the petitioner under Section 227 of the Code of Criminal Procedure. Learned counsel for the petitioner submits that there is no evidence against him. He was named because of suspicion. It is further submitted that the petitioner was not seen at the place of occurrence and he has been made accused because as he was witness in a case in which Brajesh Kumar had committed rape. Counsel for the informant on the other hand submits that the charges have already been framed. Some witnesses have been examined and the trial is in progress. Considering the arguments of both sides, I do not think that it is proper to interfere at this stage with the 2 order of discharge. The petitioner would be entitled to raise all points and any other he wishes to during the trial. This application is thus dismissed. Sanjay (Sheema Ali Khan, J.)