IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2728 of 2010 1. AWADHESH MAHTO son of Jamuna Mahot 2. Basudeo Mahto son of Gopa Chandra Mahto Both r/o- vill-Churiharwa tola P.S. Bairiya District-W.Champaran. Versus THE STATE OF BIHAR ----------- 2 27.08.2010 The petitioners seeks quashing of the order dated 24.6.2009 passed by the Additional Sessions Judge, F.T.C.IV , West Champaran at Bettiah in Trial No. 216 of 2009 arising out of Bairiya P.S. Case No. 49 of 2005 by which he has refused to set aside the trial of the petitioner as a whole. From the impugned order, I find that the trial Court has interpreted the order of this Court passed in Cr.Misc.No.3663 of 2008 by which this Court had set aside the order of trial Court refusing to discharge the petitioner. The order passed in Cr.Misc. No. 3663 of 2008 is enclosed herewith and from the first paragraph I find that it has been noted that the petition has been filed by the petitioners for discharge from the offence under Section 302 I.P.C. In the third paragraph also after narrating the prosecution case it has been noted by this court 2 that even though the case was initially registered under Section 341, 323 and 504/34 I.P.C. the police after investigation submitted chargesheet (curiously under Section 341, 323, 504, 302/34 of I.P.C.). After considering the case as to whether Section 302 I.P.C. would be made out, this Court had arrived at a finding that the order impugned was not justified and therefore it was set aside. From the discussions made in the quashing application it appears that the case was discussed from the angle of whether any offence under Section 302 I.P.C. would be made out and therefore, the trial Court has not committeed any illegality in refusing to discharge the petitioners from the rigours of the entire case. In view of such, this application is dismissed. Bibhash ( Anjana Prakash, J.)