ORAL ORDER Heard the parties. 2. The Petitioner seeks quashing of the entire proceeding including the order dated 23.03.2009 passed by the Additional Sessions Judge-cum-Fast Track Court No.2, Samastipur, in Sessions Trial No.665 of 2007 arising out of Dalingh Sarai P.S. Case No.88 of 2004 instituted under sections 302, 201 Indian Penal Code. 3. It has been contended by the Petitioner that there is absolutely no material against him to warrant his trial and, therefore, the case diary was called for by this Court at an earlier point in time. 4. The relevant facts are that a dead body of an unknown person was found by some villagers which fact was reported to the Chaukidar upon which a case was instituted on 20.08.2004. While the search for identity of the deceased was going on, one Shiv Narain Sharma appeared before the police and on the basis of the photograph identified the dead body as that of his father Baidya Nath Sharma. In the meanwhile, the Petitioner is also said to have appeared before the Investigating Officer and given him an application that his father, who was a drunkard, had been missing for sometime and the dead body was that of his father. However, during enquiry, it was learnt that the Petitioner’s father was alive and the dead body was indeed that of Baidya Nath Sharma, whose son Shiv Narain Sharma had come to claim dead body which had been handed over to him, who also performed his last rites. 5. Speculation was raised by number of witnesses that the Petitioner was not involved in committing the crime but was involved in disposing of the dead body at the place from where it was recovered. However, there is no eye witness to the occurrence and the allegations are not substantiated on any material whatsoever. They are merely of speculative nature. The Petitioner was also suspected on account of his application that the dead body was that of his father. 6. The learned APP has gone through the case diary and very ably assisted this Court in pointing out that there is no material whatsoever against the Petitioner of having committed any criminal offence. 7. They are merely of speculative nature. The Petitioner was also suspected on account of his application that the dead body was that of his father. 6. The learned APP has gone through the case diary and very ably assisted this Court in pointing out that there is no material whatsoever against the Petitioner of having committed any criminal offence. 7. In view of such, entire proceeding including the order dated 23.03.2009 passed by the Additional Sessions Judge-cum-Fast Track Court No.2, Samastipur, in Sessions Trial No.665 of 2007 arising out of Dalingh Sarai P.S. Case No.88 of 2004 is hereby set aside. 8. Application stands allowed.