IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39477 of 2008 Devendra Prakash Maheshwari @ D.P.Maheshwari, son of Late M.L. Kela, resident of 30/1, Pleasant Valley, Rajpur Road, Dehradoon, PS Rajpur, Dist. Dehradoon, Uttranchal – Petitioner. Versus State Of Bihar Thru.C.B.I. ----------- 2 26.7.2011 Heard Mr. Ashutosh Kumar, counsel appearing on behalf of the petitioner and the counsel for the C.B.I. This application has been filed for quashing the order, dated 26.8.2008 passed in Special Case No. 17/1997, arising out of R.C. Case No. 32A/1997, by which the Special Judge, C.B.I., North Bihar, Patna has refused to discharge the petitioner for the offences under sections 406, 407 and 120B of the Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. Counsel for the C.B.I. has stated in court that the trial has commenced and one witness has already been examined. In the circumstances this court cannot intervene with the impugned order. This application is accordingly dismissed. haque ( Sheema Ali Khan, J.)