IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8432 of 2009 RAMANAND SHARMA, SON OF LATE JAGTA NAND SINGH, R/O VILLAGE DEEH, P.S. BIRPUR, DISTT. BEGUSARAI. --------- PETITIONER. Versus THE STATE OF BIHAR ------- OPPOSITE PARTY. ----------- 2. 31.08.2010 Heard the parties. The petitioner is aggrieved by the order dated 24.10.2008 passed by the Judicial Magistrate, 1st Class, Begusarai, by which he has refused to discharge the petitioner as also the revisional order dated 14.11.2008 passed by Sessions Judge, Begusarai, in Cr. Revision No. 261 of 2008 by which he has refused to interfere in the matter. The facts of the case is that the petitioner was named in the First Information Report but no charge sheet was submitted against him and, the Magistrate also did not disagree with the charge sheet not sending up the petitioner for trial. Thereafter, when some witnesses were examined, the petitioner was sought to be summoned under Section 319 Cr. P.C. As against the issuance of summons, the petitioner moved the revisional court which dismissed the prayer of the petitioner and then the petitioner also moved this Court under Section 482 Cr. P.C. against the issuance of summons but this Court was not inclined to interfere in the matter. The petitioner thereafter appeared before the court below and filed an application under Section 239 Cr. P.C. for discharge in the matter which was not allowed for various reasons that the successive Courts had 2 refused to entertain the prayer of the petitioner against the issuance of summons. The petitioner is aggrieved by the order of the court below since there has been no independent application of mind on the matter of charge. In my view on going through the orders impugned, I find that the same is well considered as also once the matter had been finally adjudicated that the issuance of summons for his appearance during trial was for valid reasons and on the very same reasons the discharge had been sought, I refuse to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J.)