IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14445 of 2008 MD. KHURSHEED ANWAR @ KHURSHID ANWAR, S/O Late Ayub, R/O Mohalla- Purani Gadri Road, P.S. Town, Distt- Muzaffarpur. ………..Petitioner. Versus 1. STATE OF BIHAR. 2. Anzarul Haque, S/O Late Abdul Gafoor, R/O Mohalla- Purani Gudri Road, P.S. Town, Distt- Muzaffarpur. ……Opposite Parties. ----------- 3 03.02.2011 The petitioner has challenged the order, dated 16.02.2008, passed by the learned Judicial Magistrate, Ist Class, Muzaffarpur, in Complaint Case No. C- 1019 of 1993 (T.R. No. 324 of 2008), whereby the petitioner’s claim for discharge has been rejected. From the impugned order it appears that the evidence before charge is going on under Section 244 of the Cr.P.C. Learned counsel for the petitioner submits that procedure under Section 244 Cr.P.C. is still not over. In view of this Court the question of discharge in complaint case comes after the evidence under Section 244 of the Cr.P.C., is over. Let the learned Court below excise its power under Sections 244 and 245 of the Cr.P.C. 2 Keeping in view of the fact that the dispute is of civil nature and Civil Suit is also pending between parties. Let the learned Court below pass the order under Section 245 of the Cr.P.C. With these observations the petition is disposed off. Bhardwaj/- ( Dinesh Kumar Singh, J.)