IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.271 of 2008 SUNIL KUMAR GUPTA, SON OF SRI BISHWANATH PRASAD GUPTA AT PRESENT POSTED AS JUNIOR ENGINEER IN THE OFFICE OF EXECUTIVE ENGINEER, SOIL INVESTIGATION & TESTING DIVISION, ADVANCE PLANNING, ROAD CONSIDERATION DEPARTMENT, BISHWESHWARAIYA BHAWAN, BAILY ROAD, PATNA---PETITIONER Versus 1. STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE JAHANABAD 2. THE SUPERINTENDENT OF POLICE, JAHANABAD 3. THE DEPUTY DEVELOPMENT COMMISSIONER, JAHANABAD--- RESPONDENTS. ----------- For the Petitioner:-Mr. Tripurari Saran Pandey,Advocate For the State:- Assistant counsel to Additional Advocate General No.VIII 3 12.2.2009 It is the assertion of the petitioner that he had filed application in the Court of Judicial Magistrate, Ist Class Jahanabad in T.R. No. 1350 of 2005 but no order has been passed. Having heard Mr. Tripurari Saran Pandey, for the petitioner, Assistant Counsel to Additional Advocate General No.VIII, for the State and taking into consideration the facts and circumstances of the case, I am of the opinion that the petitioner shall be well advised to press his application for discharge before the Court in seisin of the matter. Needless to state that in case said application is pressed and if already not disposed off, the learned Magistrate in seisin of the case shall pass appropriate order in - 2 - accordance with law. It is made clear that I have not expressed any opinion in regard to the merit of the case of the party and that shall be considered by the learned Magistrate in seisin of the case. Application stands disposed off with the observation aforesaid. (Chandramauli Kr.Prasad,ACJ.) A.Kumar