IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13745 of 2008 1. MD.MUSTAQUIM, SON OF LATE MD. RAZZAK 2. NAZAMA KHATOON, WIFE OF MD. MUSTAQIM BOTH RESIDENTS OF MOHALLA NAYATOLA, PHULWARI SHARIF, AZADNAGAR, KARBALLAPAR, P.S. PHULWARISHARIF, DISTRICT PATNA. ----- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 26.11.2009 Learned counsel for the petitioner submits that petitioner no. 2 who is the mother-in-law has died during the pendency of this case. Considering this aspect, learned counsel for the petitioners is permitted to withdraw the quashing application as far as the petitioner no. 2 is concerned. This application has been filed against the order dated 12.2.2008 passed by the S.D.J.M., Patna in Complaint Case No. 2852(C) of 2006 by which the petitioner’s application for discharge has been rejected. Learned counsel submits that the arguments raised on his behalf, considering the manner of occurrence, has not been considered by the Court below and the Court below has passed the order refusing to discharge the petitioner mechanically. At the stage of framing of charges, the Court is not required to go into the merits of the arguments and the merits of the defence. In the circumstances, I find that the order dated 12.2.2008 does not suffer from any illegality. This application is dismissed. Sanjay (Sheema Ali Khan, J.)