IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13413 of 2006 SAHEB HUSSAIN @ MD.SAHEB HUSSAIN Versus STATE OF BIHAR ----------- 7 9.9.2008 Heard learned counsel for the petitioner as also learned A.P.P. for the State. Although O.P. No. 2 has appeared by filing vakalatnama no one is present on his behalf when the matter is taken for admission. The petitioner through this application has prayed for quashing of the order dated 13.2.2006 passed by the learned Presiding Officer, Fast Track Court No. IV, East Chamapran at Motihari in Sessions Trial No. 507 of 2005 arising out of Chakia P.S. Case No. 116 of 2004 , whereby the prayer of the petitioner for his discharge under section 227 Cr.P.C. has been rejected. The submissions advanced on behalf of the petitioner is that except for the confessional statement of the co-accused Kunal Singh there is no other material or iota of evidence against the petitioner and even if the confessional statement is presumed to be true there is no incriminating materials against the petitioner so as to put him up on trial . A report was called for from the Court in seisin of the case and as per report received it appears that the charges have already been framed against the accused persons as far back as on 23.2.2006. Since charges have already been framed this Court cannot now examine bona fides of the impugned order rejecting the prayer for discharge since on framing of charge it can only end in acquittal - 2 - or conviction. Due regard being had to the facts and circumstances of the case this Court in the circumstances stated above cannot interfere with the impugned order and accordingly application is dismissed. Spd/- (Abhijit Sinha, J.)