Chy.S.N.Mishra, J.

1. In this case, the petitioner has prayed for quashing the order dated 5-12-1995 passed by the learned Magistrate whereby prayer of the petitioner for discharge in terms of Sec. 239 of the Code of Criminal Procedure has been rejected. It appears that on the basis of the first information report, a case was instituted being Danapur P.S. Case No. 237 of 1993 and after usual investigation, the Police submitted a final form stating the case to be untrue. The complainant-opposite party filed a petition by way of protest and on the basis thereof, cognizance was taken of an offence punishable under Secs. 420, 463, 464 and 468 and other Sections of the Indian Penal Code against the petitioner. The petitioner, thereafter, filed a petition in terms of Sec. 239 of the Code of Criminal Procedure for discharge which has been rejected by the impugned order, hence, this application.

2. Mr. Dwivedi appearing on behalf of the petitioner has challenged the order solely on the ground that the learned Magistrate without applying his mind to the materials available on record, has rejected the prayer of the petitioner. Further, it is submitted that on the facts alleged, no of