IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14560 of 2007 OM PRAKASH SAH, SON OF SHAMBHU SAH, RESIDENT OF VILLAGE JALALGARH, P.S. JALALGARH, DISTRICT PURNEA. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. DR. RAMRUP PRASAD SAH, SON OF LATE GAGAT SAH, RESIDENT OF KASBA, P.O. AND P.S. KASBA, DISTRICT PURNIA. ---- OPPOSITE PARTIES For the State :- Mr. Brajendra Nath Pandey, A.P.P. ----------- 8 25.3.2010 Heard the parties. This application has been filed for quashing of the entire proceeding of Kasba (Jalalgarh) P.S. Case No. 96 of 2000/ G.R. No. 1070 of 2000/ Tr. No. 500 of 2004 including the order taking cognizance dated 9.1.2004, passed by the Chief Judicial Magistrate, Purnea for of the offences under Sections 406 and 420 of the Indian Penal Code as being barred under Section 468(c) of the Code of Criminal Procedure. Learned counsel for the petitioner submits that the complainant had started business of brickline on the land belonging to his wife and the petitioner and the complainant were partners. The complainant has now died. The order sought to be challenged is of the year 2005 refusing to discharge the petitioner in Kasba (Jalalgarh) P.S. Case No. 96 of 2000/ G.R. No. 1070 of 2000/ Tr. No. 500 of 2004 pending before the Judicial Magistrate, Purnea. It is submitted that no offence under Sections 406 and 420 of the Indian Penal Code is made out as the petitioner and the complainant were partners and even according to the complaint petition it is accepted that bricks of Rs. 50,000/- were supplied by the petitioner to the complainant. It is also stated that there is a counter 2 case filed by the petitioner against the late complainant. In this case trial has begun and two witnesses have been examined. I, therefore, do not think it proper to interfere at this stage in the order taking cognizance or the order refusing to discharge the petitioner dated 30.8.2005 by the Judicial Magistrate, Purnea. The points that have been raised by the petitioner in this case can be raised in the trial. With this observation, this application is disposed of. Sanjay (Sheema Ali Khan, J.)