IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32045 of 2008 Ram Anuj Singh, son of Late Baleshwar Singh, village Basarhi, PS Bodh Gaya, Dist. Gaya – Petitioner. Versus State Of Bihar ----------- 2 1.7.2011 Heard learned counsel for the petitioner and the A.P.P. representing the State. This application has been filed for quashing the order, dated 3.4.2008 passed by Judicial Magistrate, 1st class, Gaya in Khizir Sarai PS Case No. 81/2005 by which the petition filed for discharge has been rejected. Learned counsel for the petitioner submits that the court below has rejected the discharge application simply on the ground that charge sheet was submitted in the case and cognizance was taken. At the stage of framing of the charge it is incumbent upon the court to go through the diary and to determine whether the allegations are made out on the basis of investigation. If the investigation does not support the fact that Laxman Thakur died in 2000 as alleged in the FIR, the court should pass appropriate order discharging the petitioner as it appears that there is no evidence to support this aspect. The impugned order is, thus, quashed and this application is allowed. Counsel for the petitioner is permitted to deposit the cost of Fax for communicating this order to the court concerned 2 who will pass a fresh order in accordance with law in the aforesaid case within a period of two months on receipt of a copy of this order. haque ( Sheema Ali Khan, J.)