IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.48749 OF 2008 MD. INTAJ, SON OF MD. KHALIK, RESIDENT OF VILLAGE CHANAURAGANJ, POLICE STATION JHANJHARPUR, DISTRICT MADHUBANI VERSUS THE STATE OF BIHAR ************ 2 05/10/2009 This application has been filed challenging the order dated 14.07.2008 by which the Revisional Court has held that no offence is made out under Section 420 of the Indian Penal Code and has also found no prima facie case under Section 379 of the Indian Penal Code is made out against the petitioner and has discharged the petitioners for the said offences by observing that the Court below ought to consider the materials in the case diary and take steps for framing charges under the appropriate sections of the Indian Penal Code. Counsel for the petitioner argues that if the Court finds that no offence is made out under Sections 420, 379 and 411 of the Indian Penal Code, there is no purpose in sending the matter back to the Court below to examine whether any offence under the provisions of the Indian Penal Code is made out. It is further argued that the Court below has also found that no offence under Section 379 and 411 of the Indian Penal Code is made out against the petitioners as there is no recovery 2 of the hand-pump which was allegedly stolen in the said occurrence. These facts would be considered by the Court below at the time of framing of charges. The petitioners would be at liberty to show that no offence is made under the provisions of the Indian Penal Code. Accordingly, this application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)