Satyavrat Verma, J. – Heard learned counsel for the petitioner, learned senior counsel for the South Bihar Power Distribution Company Limited (S.B.P.D.C.L.) and learned APP for the State.

2. The learned counsel for the petitioner submits that the present quashing application has been filed seeking quashing of the order dated 17.01.2020 passed by the learned Special Judge, PESU, area Patna in G.R. No.466 of 2009 arising out of Kadamkuan P. S. Case No.50 of 2009 whereby the application filed under Section 239 of the Cr.P.C. seeking discharge has been rejected in a mechanical manner.

3. The learned senior counsel appearing for the Company, at the out, submits that the learned Special Judge, PESU area Patna has been invested with powers of Sessions Judge, as such, the discharge application ought to have been filed under Section 227 of the Cr.P.C. and not under Section 239 of the Cr.P.C.

4. The learned counsel for the petitioner does not rebut the submission of the learned senior counsel appearing for the power Company, but submits that mere technicalities should not come in the way of substantial justice.

5. The learned counsel for the petitioner next submits that in order to appreciate th