It seems that Ld JM has taken cognizance of offence u/s 420/120B Ipc.Charge sheet had been filed 5 or 6 years back, though you have not received any opportunity to cross examine any witnesses,as no proper Trial being conducted till to day, Ld JM is of the view that Case is false and fabricated, as per section 200Crpc after taking cognizance Magistrate is to examine complainant, though it is not required if the complant is made by a public servant in discharge of his official duties. Under section 245 Crpc Magistrate has power to discharge an accused at any previous stage of the case I.e stage from s200 to s 204 Crpc, till the completiin of evidence of prosecution u/s 244 Crpc. You make an application for discharge before the Ld JM, reference in this rdgard may be made to decision in Ajoy Kumar Ghose vs State of Jharkhand, 2009, IV AD SC 112.