IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26176 of 2007 Ravi Shankar Jha, Son of Late Ram Sharan Jha, Resident of Village-Madhura, P.S. R.S. Shivir, District Madhubani. ------ Petitioner Versus The State of Bihar -------- Opposite Party ----------- 4 3.8.2009 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner for quashing of either the order dated 9.4.2007 or 25.4.2007 would not really impress this Court for a simple reason that under Section 321 of the Code of Criminal Procedure (Cr.P.C.), the power of withdrawal of a prosecution lies with the Public Prosecutor and therefore, merely because some internal communication was made by the District Magistrate to the Public Prosecutor, that will not give the petitioner, an accused, a right to claim withdrawal of the prosecution. The next submission of the counsel for the petitioner as with regard to an order dated 25.4.2007 rejecting the application of discharge has to be again decided in the light of the materials available on record. In that respect, the court below has quoted that the prosecution was pending for at least nearly 2 two decades and that there were materials on record to substantiate the allegation and as such, it was not possible to discharge the petitioner. This Court would find that the scope of discharge under Section 239 of the Cr.P.C. also is very limited and therefore, as the prosecution itself is about 21 years old, it would be necessary to conclude the trial as early as possible but in no event, beyond one year from the date of receipt/production of a copy of this order. It however goes without saying that if the Public Prosecutor in the meantime has filed any application for withdrawal of prosecution, the same, would be considered and disposed of in accordance with law before taking up trial against the petitioner. It is also made clear that since this matter has remained pending before this Court for more than two years, if the petitioner would appear before the court below within a period of four weeks from today, he will be enlarged on bail on a condition that he will remain present in course of trial on day-to- 3 day basis. Such trial must be concluded within a period of one year from the date of receipt/production of a copy of this order. Let a copy of this order be sent through FAX in the court below on depositing of cost by the petitioner. Rsh (Mihir Kumar Jha, J.)