IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17035 of 2009 KANHAIYA SHARMA, Son of Late Ram Snehi Singh, Resident of Village Arari, P.S. Uphara Via Goh, District Aurangabad, Ex-Assistant Postmaster, P.O. Konch (Retired), District Gaya. ……..Petitioner Versus THE STATE OF BIHAR ……Opposite Party 02/- 19-11-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 20.04.2009 passed by Shri Anil Kumar Judicial Magistrate, 1st Class, Gaya in G.R. No. 473/665 of 2006, New No. 473/2006/486A/2009 arising out of Konch P.S. Case No. 10 of 2006, refusing the prayer made under Section 239 of the Code of Criminal Procedure. Apart from pointing out some slip of pen caused in the order-sheet as regard to earlier framing of charge and again fixing the case for such purpose after rejecting the prayer under Section 239 of the Code of Criminal Procedure. It is pointed out that the petitioner had already been superannuated from his service in the year 2002 and his subsequent engagement was to dispose of some pending matter relating to cash and without any material court below has refused the prayer. It is also submitted that till today not even a single witness has been examined by the prosecution. The impugned order appears not mentioning any detail of the materials available against the petitioner in the case diary, - 2 - especially when prayer seeking discharge is being considered. It is the duties of the trial court to deal some materials available to prima-facie support the charges, but as stated it lacks, consequently needs reconsideration. Since, the case is of the year 2006, so only in the event of non-examination of even one single witness on behalf of the prosecution, the court below shall reconsider the prayer of the petitioner and pass appropriate order considering and referring the materials available, if any. It is further made clear that after one single witness is examined on that event no reconsideration is required, but the court below shall proceed expeditiously and preferably disposed of the case at the earliest. With the above liberty and direction this application stands disposed of. Let a copy of this order be communicated to the court below through FAX at the cost of the petitioner. Praveen (Akhilesh Chandra, J.)