IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.42342 OF 2008 RISHI KUMAR MISHRA, SON OF LATE JAGDISH MISHRA, RESIDENT OF VILLAGE BAIGNA, POLICE STATION AURAI, DISTRICT MUZAFFARPUR VERSUS THE STATE OF BIHAR ******** 2 09/04/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Learned Counsel for the petitioner submits that the petitioner is aggrieved by the order dated 19.08.2006 passed in Aurai Police Station Case No. 33 of 2006 by which the Judicial Magistrate, 1st Class, Muzaffarpur has framed charges against the petitioner without giving an opportunity under Section 239 of the Code of Criminal Procedure and the order dated 21.08.2008 passed in Criminal Revisional No. 170 of 2006. Learned Counsel fore the petitioner submits that he was in custody and therefore, he did not get an opportunity to file an application under Section 239 of the Code of Criminal Procedure. However, now when the trial has begun and one of the witnesses, namely, Mani Bhushan Sharma has been examined on 16.11.2009, I do not think it fit and proper to quash the orders impugned. This application is accordingly dismissed. 2 However, it goes without saying that the petitioner would have the liberty to raise whatever issues he thinks fit and proper during the trial. Anand ( Sheema Ali Khan, J.)