IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16258 of 2008 RAM CHANDAR YADAV Versus STATE OF BIHAR ----------- 2 7.7.2008 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the First Information Report in which it is alleged that offences under Sections 406, 409, 420, 467, 468 and 120B/34 of the Indian Penal Code have been made out. The ground for challenging the First Information Report is that after investigation there is no material to show that the petitioner was involved in the said occurrence which laid to the filing of the First Information Report. Learned counsel for the petitioner submits that the chargesheet was submitted in which the petitioner was not mentioned. It is submitted that after six years the Police Officer Incharge has issued a non-bailable warrant of arrest and also processes under Sections 82 and 83 of the Cr.P.C. Learned counsel has stated that with respect to the other co-accused persons the trial is commenced and the issuance of non-bailable warrant of arrest is not at all warranted. Considering all the facts and circumstances and the allegations made in the First Information Report, I do not think that this is a proper stage in which the petitioner can pray for quashing of the First Information Report. However, the petitioner may renew his prayer at the time after the Court below takes cognizance of the offences or he may file an application for discharge in the Court below at the proper stage. This application is dismissed. Sanjay (Sheema Ali Khan, J.)