Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

By the order impugned dated 01.04.2013, the learned lower Court had rejected the prayer made on behalf of petitioner under Section 239 Cr.P.C. relating to G.R. Case No.1795 of 1987 pending before Mr. Sunil Kumar Singh, Judicial Magistrate, 1st Class, Munger, led institution of present petition. At an initial stage, Ambika Prasad, Srikant Kunwar (petitioner) and Kedar Nath Choudhary were shown to be accused for misappropriating the government money in connivance with contractor by having interpolation in the respective measurement book. It is also evident that after investigation, chargesheet had already been submitted though, during course of investigation, the informant had filed petition before the Officer-in-Charge of concerned P.S. disclosing the fact that during course of examination of relevant materials by the Department itself, Srikant Kunwar has been found innocent whereupon he be exonerated from the Column-2 of the accused and further, rectified by having identification of one co-accused, Sujay Chand Kishore.

From the order impugned, it is evident that learned lower Court had tr