IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.52814 of 2007 LALLAN RAI, son of Ram Badan Rai, resident of village- Kutubpur, P.S. Doriganj, Dist. Saran ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Lalit Rai, son of late Kapur Rai, resident of village-Chakiya, P.S. Doriganj, Dist.Saran … Opposite Parties ----------- For the petitioner : Mr. Mukesh Kumar Singh, Advocate For the State : APP For the OP No.2 : None ----------- 4/ 09.04.2010 Heard learned counsel for the petitioner and the State. No one appears on behalf of the opposite party no.2. This application has been filed for quashing the order 9.10.2007 passed by the Judicial Magistrate, Arrah, in G.R. No.1916 of 1995, Trial No. 2012 of 2006 arising out of Barahara P.S. case no.172 of 1995 dated 27.12.1995, by which the Magistrate has refused to discharge the petitioner under section 239 Cr. P. C. Allegation in the First Information Report is of having committed theft of arms and money by the accused persons and specific overt act alleged against the petitioner is of having snatched rifle and cartridge of one Rabindra Rai. During investigation, the case was found, prima facie, true against all the accused and, therefore, chargesheet was submitted and cognizance was also taken under sections 147, 148, 149, 323 and 379 of the Indian Penal Code and section 27 of the Arms Act. However, the petitioner filed application on 22.9.2007 for discharging him since there were documents to show that in fact, the prosecution party was allowing some criminal to use their licencee fire arms and to - 2 - justify their acts the present case has been instituted. I am of the view that at the stage of section 239 Cr. P. C., the court can not look into the documents of the accused persons for the purpose of discharging him. In view of such, there is no merit in the application, the application is dismissed. The trial court is directed to expedite the trial in view of the fact that the case is of the year 1998. JA/- (Anjana Prakash, J.)