IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.29978 OF 2008 GYANENDRA KUMAR DUBEY, SON OF LATE RAMUYAS DUBEY, RESIDENT OF TULSI VATIKA APARTMENT, POLICE STATION PATLIPUTRA, DISTRICT PATNA VERSUS THE STATE OF BIHAR ********* 2 23/06/2011 Heard Counsel for the petitioner and Mr. Shailendra Kumar, A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 20.08.2007 passed in Criminal Revision No. 525 of 2003 by which the 5th Additional Sessions Judge, Patna has affirmed the order dated 10.07.2003 passed in Khusrupur Police Station Case No. 19 of 2000 (G.R. No. 197 of 2000) by which the Judicial Magistrate, 1st Class, Patna City has refused the discharge the petitioner for the offences alleged to have been committed under Sections 467, 468, 471, 472, 409 & 420 of the Indian Penal Code. The Courts below after considering the case diary and the materials available on the record, have come to a conclusion that a prima facie case is made out against the petitioner for proceeding with the trial. The Courts further held that at the stage of framing of charges, defence materials would not be taken into consideration, which observation is in accordance with 2 law. I accordingly find no reason to interfere with the orders impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )