IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23230 of 2010
Satya Narayan Pal, Son of late Sudhir Chandra Pal, resident of
Mohalla High School Para Katihar, P.S.-Katihar, District-Katihar.
.....Petitioner.
Versus
The State of Bihar ..............Opposite Party.
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2 17.08.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
On account of absence of accused at an initial stage, two
Sessions Trial bearing Sessions Trial No.57/2005 as well as 380/2006
originated from Katihar Town Sahayak P.S. Case no.453 of 2004.
Sessions Trial No.57/2005 was sent to the court of Chief Judicial
Magistrate by the learned Sessions Judge under Section 228(1) of the
Cr.P.C. while the subsequent Session Trial bearing No.380/2006 is still
pending before Additional District & Sessions Judge, Ist. The learned
Lower Court ought to have exercised the same methodology but
passed over the ball before the learned Sessions Judge to pass
necessary order which he rightly refused as the Additional District &
Sessions Judge, F.T.C., Ist, was himself competent to exercise the
power envisaged under Section 228(1) of the Cr.P.C.
Be that as it may, after all the petitioner happens to be
the sufferer for his no fault and so, the learned lower court is directed
to see whether there happens to be applicability of Section 228(1) of
the Cr.P.C. in the facts and circumstances of the case and if so, will
apply the same.
With the aforesaid observation instant petition is
disposed of.
PN (Aditya Kumar Trivedi,J.)