IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11353 of 2010 1. SANJAY RAM SON OF LATE BALESHWAR RAM 2. AJAY KUMAR RAM SON OF LATE BALESHWAR RAM 3. AWADHESH KUMAR RAM SON OF LATE BALESHWAR RAM 4. PRABHAKAR RAM SON OF LATE RAM MANOHAR RAM 5. LAKHAN RAM SON OF LATE JAITHU RAM 6. SONU KUMAR RAM SON OF JAGAT LAL RAM ALL RESIDENT OF VILLAGE NAJHA KHTHI (HATBARI). P.S. K. NAGAR, DISTRICT- PURNEA. --PETITIONERS Versus 1. THE STATE OF BIHAR 2. RAM CHANDRA PD. SINGH, S/O LATE RAM PD. SINGH, PRESENTLY HEADMASTER, SCHEDULE CASTE PRIMARY SCHOOL, KAMPA KATHI, P.S.KAR NAGAR, ISTRICT-PURNEA. --OPPOSITE PARTY ------- For the petitioners : M/S BHOLA PRASAD & TARUN PD. MANDAL For the state : Mr. ABHAY KUMAR, APP 2 14.05.2010 Heard learned counsel for the petitioners and the State. This application has been filed seeking quashing of order dated 21st January, 2010 passed in Cr.Rev. no.243 of 2008 by the learned Additional Sessions Judge, Fast Track Court -5, Purnea, confirming order dated 29th February, 2008 passed in G.R. Case no. 1512 of 2006 arising out of K. Nagar P.S. Case no. 191 of 2006 rejecting the petition seeking 2 discharge under Section 239 of the Code of Criminal Procedure. From the order of the trial court it appears that court has, on consideration of the materials available, rejected the prayer of the petitioner finding prima-facie case to proceed but court below has failed to specifically mention what offence has been constituted by which of the accused or for which of the offense trial is to proceed. The orders suffered the vagueness. After hearing on the point of charge if the trial court finds it a case fit to proceed it is to be specific as to what offence has been committed and if there is more than one accused which of the accused has committed what offence but in the instant case there is nothing of the kind. Accordingly, the impugned order is hereby quashed. Application stands allowed. The trial court is directed to hear the parties and pass appropriate order in accordance with law. Let the order be communicated through FAX on the cost being deposited by the petitioner. (Akhilesh Chandra, J.) AAhmad