IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32200 of 2008 Anil Mehta, Son of Keshav Prasad, Resident of Village Nehalu Chak, P.O. + P.S. Nawada, District Nawada. ---- Petitioner Versus The State Of Bihar ---- Opposite Party ----------- 2 4.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 15.3.2008 passed in Nawada Town P.S. Case No. 208 of 2006 by the Judicial Magistrate, 1st Class, Nawada by which the petitioner's application under Section 239 of the Code of Criminal Procedure has been rejected. The main allegation in the First Information Report is against one Arun Yadav who is said to have deposited forged Challans for the settlement of 'Balu Ghat'. The petitioner is not named in the First Information Report nor is he shown anywhere in the seizure list. In the circumstances, this Court cannot understand the reasons for which the Judicial Magistrate, 1st Class, Nawada has come to the conclusion that there are enough materials to frame charges against the petitioner in the case diary, specially as nothing specific regarding the allegations in the diary have been mentioned by the officer concerned. In the result, I quash the order dated 15.3.2008 corresponding to G.R. Case No. 1052 of 2006 and remand the matter back to the Judicial Magistrate, 1st Class, Nawada to consider afresh the application filed under Section 239 of the Code of Criminal Procedure as far as it concerns the petitioner, within a period of three months on 2 receipt of a copy of this order. The petitioner is directed to produce a copy of this order within a period of one month before the Court concerned or else this application shall stand dismissed. This application is allowed. Sanjay ( Sheema Ali Khan, J.)