IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45232 of 2008 1. Bhola Prasad Yadav, son of Late Bhoj Yadav, resident of village-Parsa, P.S. Majhaulia, District-West Champaran at Bettiah. 2. Sitaram Paswan, son of Late Bathu Paswan, resident of village-Bhitakchiya, P.S. Minapur, District-Muzaffarpur. ……………………………………………………...Petitioners. Versus The State Of Bihar…………………………Opposite Party. ---------------------------------- For the Petitioners: Dr. Amrendra Kumar No.1, Advocate. For the State : Mr. Pancha Nand Pandit, A.P.P. ----------------------------------- 4. 29.11.2011. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners have approached this court under Section 482 of the Code of Criminal Procedure to quash the order dated 20.8.2008 passed by the court of Sri Hasimuddin Ansari, Judicial Magistrate, Bettiah, West Champaran, in Trial No.1524 of 2008, arising out of Yogapatti P.S. Case No.145 of 2006, registered under Sections 166, 167, 469 and 471 of the Indian Penal Code and Section 136 of the Representation of People’s Act, whereby the application of the accused including the petitioners, filed under Section 239 of the Code of Criminal 2 Procedure, to discharge them has been rejected. It appears from the impugned order dated 20.8.2008 that the learned Judicial Magistrate on perusal of the chargesheet and the case diary had come to the conclusion that cognizance of offences have already been taken and no ground or evidence has been brought to discharge the accused including the petitioners and, accordingly, rejected the application filed, under Section 239 of the Code of Criminal Procedure, on behalf of the accused including the petitioners to discharge them. I find no illegality in the impugned order dated 20.8.2008 passed by the court of Sri Hasimuddin Ansari, Judicial Magistrate, Bettiah, West Champaran, in Trial No.1524 of 2008, arising out of Yogapatti P.S. Case No.145 of 2006, amounting to abuse of the process of the court. Accordingly, this application stands dismissed. P.S. (Rajendra Kumar Mishra, J)