IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17055 of 2008 NIHAL AHMAD KHAN DANISH @ NIHAL AHMAD KHAN son of Athar Hussain Khan, resident of village-Hiarhi Bhawnipur P.S.-Pipra, Dist.-Supaul …… ……Petitioner Versus 1.THE STATE OF BIHAR 2.Sri Mahendra Prasad Singh son of late Baka Bihari Singh, resident of Mohalla-Supaul Ward No.6, P.S.-Supaul, Dist.-Supaul (D.E.O Saharsa) ….. …..Opp. Parties. ----------- 2. 2.7.2010. No one appears on behalf of the petitioner. The petitioner, who was an Assistant Teacher of a school, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 25.1.2008 passed by Shri A.K.Singh, Judicial Magistrate, Saharsa, in G.R. No.1533 of 2005 arising out of Saharsa (Sadar) P.S. Case No.384 of 2005. By the said order the learned Magistrate has rejected the petition filed for discharge under section 239 of the Indian Penal Code. I have perused the materials available on the record including the impugned order. This is second attempt by the petitioner in the present prosecution. Earlier against the order of cognizance, the petitioner had approached this court vide Cr. Misc. No.1451 of 2007 which was dismissed as withdrawn with liberty to raise all the points at the time of framing of charge. While hearing the discharge petition, the learned Magistrate has examined the case of the petitioner in detail and, thereafter, he has rejected the discharge petition. The learned Magistrate has found that there were 2 sufficient evidence in the case diary for framing charges against him under sections 109/147, 109/353 and 109/427 of the Indian Penal Code. The order rejecting discharge petition is a reasoned and sound order, which requires no interference. Accordingly, the petition stands rejected. Md.S. ( Rakesh Kumar, J.)