Navin Sinha, J.

1. This application has been filed for quashing the order dated 5.4.2002 passed by the Judicial Magistrate, Second Class. Buxar in Buxar PS Case No. 371/93. By the said order the Magistrate has rejected the application for discharge preferred by the petitioner on the ground that no case was made out under Sec. 323, Indian Penal Code, 1860 .

2. The present prosecution in Buxar PS Case No. 371/93 was lodged on 17.12.1993 under Secs. 323 and 379 of the Indian Penal Code, 1860. The final report was submitted on 3.1.1994 u/s. 323, Indian Penal Code, 1860 only. The allegations as mentioned in the FIR relate to slapping and fisticuffs. The Magistrate accordingly then took cognizance on 12.8.1994 u/s. 323, Indian Penal Code, 1860 only.

3. The learned Counsel for the petitioner submits that the prosecution was instituted on 17.12.1993. The final report was submitted on 3.1.1994. The Court then took cognizance on 12.8.1994. The prosecution has therefore remained pending since 1993 till the year 2004 and the trial is yet to commence. It would be apparent from the order dated 5.4.2002 that the accused are still to be given documents before commencement of trial. The lea