IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38037 of 2007 1. BIDESHI DAS S/O DEWARI DAS 2. SUNIL DAS @ SUNIL KR.DAS, S/O BIDESHI DAS BOTH RESIDENT OF VILLAGE-BIJAYNAGAR, POLICE STATION-BANKA, DISTRICT-BANKA ------ PETITIONERS Versus 1. THE STATE OF BIHAR ------ OPP.PARTY ----------- 3 03-12-2008 Heard Mr.Ajay Mukherjee,the learned counsel for the petitioner as also Mr.Jharkhandi Upadhaya, the learned A.P.P. for the State and Mr.Diwakar Upadhaya, the learned counsel for Opp.Party no.2. The petitioners pray for the quashing of the order dated 20.7.2007 passed by the Presiding Officer , F.T.C.No.5, Banka in Sessions Trial no.111 of 2007, whereby the prayer for discharge under Section 227 Cr.P.C. has been rejected. The submission advanced by the learned counsel for the petitioners is that they have been falsely implicated in this case and that whole case is based upon conjectures and surmises. He has also referred to another complaint case filed by Bideshi Das, in which it has been alleged that the learned Chief Judicial Magistrate, Banka ordered the Investigating Officer to add Section 364 A I.P.C. but the Investigating Officer refused his suggestion and submitted a final form and also recommended for proceeding against the informant under Section 211 and 182 I.P.C. . Whatever else have been submitted by the learned counsel for the petitioners appears to be their - 2 - defence which cannot be looked into at this stage and can be thrashed out by leading material evidence in the trial itself. Due regard being had to the facts and circumstances of the case, I find no merit in this application, which is dismissed. ( Abhijit Sinha, J ) NKS/-