IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23675 of 2008 MD.ASLAM ANSARI, son of Abdul Gaffar Ansari, resident of Village –Etwarpur Taz, P S – Bochaha, District – Muzaffarpur…… Petitioner Versus The State of Bihar…………………….. Opposite party ----------- 02. 16.04.2009 Heard learned Senior counsel for the petitioner and learned APP for the State. Petitioner wants quashing of the order dated 23.5.2008 passed by the learned Additional Sessions Judge, Fast Track Court No.5, Muzaffarpur in relation to Sessions Trial No. 251 of 2008 by virtue of which petition for discharge of the petitioner has been rejected. Submission of the learned Senior counsel for the petitioner is that except for suspicion which starts from the FIR till the filing of chargesheet, there is no material in the case diary. It is only a case of suspicion and no cogent evidence linking the petitioner with the crime and in that situation trial of the petitioner for the offences will be an abuse of the process of the court. I have perused the impugned order dated 23.5.2008. Learned court has discussed some of the material which is there for framing of charge against the petitioner. It is not for the High Court in a quashing application to weigh the evidence and pros and cons of the materials in deciding a case of the kind of the allegation which has been made against the petitioner. There is no legal infirmity in the - 2 - impugned order. The application is dismissed. rkp (Ajay Kumar Tripathi, J)