IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.30016 OF 2008 1. BHUDEO YADAV, SON OF LATE SHITAL YADAV, PANCHAYAT SEVAK, KHAGARIA BLOCK, DISTRICT KHAGARIA 2. RABINDRA PANDEY, SON OF LATE KAILASH PANDEY, STENO, OFFICE OF THE D.D.C., KHAGARIA VERSUS THE STATE OF BIHAR ********** 2 23/06/2011 The petitioners are aggrieved by the order dated 29.02.2008 passed in Khagaria (Chitraguptanagar) Police Station Case No. 26 of 2005 (G.R. No. 63 of 2005) by which the Judicial Magistrate, Khagaria has rejected the discharge application filed on behalf of the petitioner under Section 239 of the Code of Criminal Procedure. The main contention of the petitioner is that the case has been instituted at the instance of an Assistant Teacher who had given his written report to the D.D.C., Khagaria in order to pressurize the petitioners for calling of the strike. It is further submitted that the impugned order is mechanical and without application of mind. On perusal of the impugned order, it appears that the Court below has considered the materials in the case diary and has found that a prima facie case is made out against the petitioners and has, therefore, rejected their application under Section 239 of the Code of Criminal Procedure. I do not find any illegality in the order 2 impugned, and as such, this application is dismissed. Anand ( Sheema Ali Khan, J. )