1. Heard both the parties.

2. The petitioner has approached this Court seeking quashing of order dated 17.1.2007 passed by the learned Sub-Di-visional Judicial Magistrate (West), Muzaffarpur in Saraiya P.S. Case No. 275/ 2005 (Tr. No. 1563/2006) whereby and whereunder the learned Magistrate rejected the petition filed by the petitioner under Section 239 of Code of Criminal Procedure (hereinafter referred to as the Code) for discharge.

3. Background facts in so far as they are relevant for the disposal of the case. An F.I.R. was lodged on 5.10.2005 under Sections 379 and 411 of the I.P.C. against unknown by the Project Manager of Shyama Power. On the basis of the said first information report, the police took up investigation and in course whereof, certain seizures were made and statements of co-accused were recorded. Upon conclusion of the investigation, the police submitted charge-sheet against the petitioner also and on that basis cognizance was earlier taken against him.

4. The submission of the petitioner is that there is absolutely no legal material available against him to connect him with the offence as his name surfaced only on the basis of the statement of one of t