IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.781 of 2008 1. LAXMAN PRASAD 2. RAM AYODHYA PRASAD 3. NIRANJAN PRASAD ALL SONS OF LATE SURYA NARAYAN SAH, ALL RESIDENTS OF MOHALLA GANDHI NAGAR, HOUSE NO. 11, BEHIND JAMUNA APARTMENT, BORING ROAD, P.S.- S.K.PURI, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR 2. PREM KUMAR GUPTA SON OF LATE SHIVNATH PRASAD GUPTA, R/O- MOHALLA KALAMBAGH ROAD, P.S.- KAJI- MOHAMMADPUR, DISTRICT- MUZAFFARPUR. For the petitioners : Mr. Mahesh Prasad No. 4, Advocate For the State : Mr. Mukeshwar Dayal, APP ----------- 5 05.05.2011 Petitioners are facing trial arising out of Complaint Case No. 600 of 2002. An application was filed on their behalf under Section 245 of the Code of Criminal Procedure (for short „the Code‟) seeking discharge. Learned Court below considered the said application and found that five witnesses on behalf of the complainant were examined and the materials on record are adequate for framing of charges. Section 245(1) of the Code reads as under: “(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him” Considering the manner in which the said provision is couched and the findings of the learned Magistrate in the impugned order, no case for interference is 2 made out. The application has no merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J)