IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41162 of 2009 CHHOTE LAL MISTRI & ORS Versus STATE OF BIHAR & ANR ----------- 3. 20.7.2010 Heard. A discharge petition was rejected against which a criminal revision petition was preferred. The revisional court has discussed the matter in detail and has dismissed the petition confirming the order dismissing the petition filed before the trial court for discharge of the petitioners from the trial. The first thing is that in view of the decision of the Supreme Court in Madhu Limaye Vs. State of Maharashtra reported in A.I.R. 1978 S.C. 47 and, specially, the observation in paragraph 10 of the judgment, this petition ought not have been maintained. In spite of the petition being maintained, I am reminded of the law that an order refusing to discharge could be passed on holding an enquiry after considering the facts so as to find out whether there was sufficient ground to proceed against the accused. The materials discussed in the order appear like that in the case in hand. The petition appears of no merit. It is dismissed. Kanth ( Dharnidhar Jha, J.)