IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44095 of 2007 GANGA JHA & ORS Versus STATE OF BIHAR ----------- 2 16.7.2008 Heard learned counsel for the petitioners and the State. The petitioners have challenged the order dated 21.8.2007 refusing discharge of the accused persons. Learned counsel for the petitioners submits that the police has submitted final form in this case giving a finding that the case was a ‘mistake of fact’. There was a protest petition and an application filed by the informant to examine certain witnesses under Section 164 Cr.P.C. After examination of the witnesses under Section 164 Cr.P.C. cognizance was taken against the petitioners. Learned counsel for the petitioners submits that the case has been instituted due to enmity and that the order of refusing to discharge the petitioners has been passed without appreciating the merit of the quality of the evidence produced before the Court which would be relevant for the purpose of discharge. On considering the submissions made by the learned counsel appearing on behalf of the petitioner I find that the Courrt below cannot go into the quality of evidence for considering whether it is a fit case where the accused can be discharged. The Court below has considered each and every aspect of the submissions made on behalf of the petitioner and I find there is no illegality in the order passed by the court below. This application is therefore, dismissed. Learned counsel for the petitioners submits that the case 2 is of the year 1992 and much delay has been caused in disposal of the case. As such I direct that the trial should be expedited and the Court below should take all steps for ensuring that notices are issued to the prosecution witnesses. Sanjay (Sheema Ali Khan, J.)