Navin Sinha, J.

1. The prayer in the present application is to quash the order dated 15.12.2001 passed by the Sub Divisional Judicial Magistrate, Sasaram in G.R. Case No. 1422/94. By the impugned order the petitioner has been summoned to face trial in exercise of powers under Section 319 of the Code of Criminal Procedure Code.

2. The petitioner was one of the named accused persons in G.R. Case No. 1422/94. After investigation a charge-sheet was submitted against one of the accused and the petitioner and other accused were not sent up for trial. By an order dated 27.7.1995 the petitioner along with other accused who were not sent up for trial were discharged from the case by recording that they had not been sent up for trial. This order was passed at the stage simultaneously while taking cognizance against the charge- sheeted accused.

3. The trial having commenced evidence was laid on behalf of the prosecution by the Chief Manager of the State Bank (PW 1), the informant (PW 2) and the Investigating Officer (PW 3). On the basis of the evidence led before the Court during trial, the complicity of the petitioner in the commission of the occurrence is said to have surfaced. This