IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37373 of 2008 LAXMI LAL @ LAXMI LAL AGRAWAL & ORS Versus STATE OF BIHAR ----------- 2 12.9.2008 Heard learned counsel for the petitioners, learned counsel for O.P. No. 2 who has appeared suo motu and the learned A.P.P. for the State. The grievance of the petitioners is directed against the order dated 26.7.2008 passed in Sessions Trial No. 372 of 2008 by learned Additional Sessions Judge, IX, Patna, whereby he has rejected the petition for discharge filed by the petitioners. Learned counsel for the petitioners has assailed the order by stating that although there is no material in the case diary against them yet the Court has, due to reasons unknown, rejected the prayer of the petitioners for their discharge. From perusal of the impugned order dated 26.7.2008 it appears that the learned Additional Sessions Judge has stated about certain witnesses having supported the prosecution story in their respective statement recorded in course of investigation under section 161 Cr.P.C. which according to him was material sufficient to proceed with the case against the accused persons by framing the charges against them. It goes without saying that sections 227 and 228 Cr.P.C. have to be read in juxtaposition with each other and the Court on consideration of the evidence on record is only required to see whether there was sufficient materials to proceed with the case. At this - 2 - stage he is not required to immaculately examine the evidence available as is done at the conclusion of the trial for deciding whether the accused can be convicted or otherwise. In the instant case, apart from stating that there is sufficient materials against the accused, the court below has not stated as to what are the materials available in the case diary which led him to believe that there was sufficient materials to proceed against the accused. A reference to paragraphs of the case diary would have served the purpose. While remitting the case back to the learned Additional Sessions Judge he is directed to state in the order the relevant paragraphs of the case diary and otherwise materials which are available against the petitioners for proceeding against them. With the aforesaid direction this application is disposed of. Spd/- (Abhijit Sinha, J.)