IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37090 of 2009 Chandra Bhushan Rai @ Bhushan Rai, son of Baleshwar Rai, village Daniyalpur, PS Teghra, District Begusarai – Petitioner. Vs, 1. The State of Bihar, 2. Umesh Kumar Jha, son of not known, village Sherpur, PS Vidyapati Naga, District Samastipur. 2 29.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 16.9.2009 passed in S.T. No. 336/2009, arising out of Teghra PS Case No. 212/2003 by the Additional Sessions Judge Vth, Begusarai by which the petition for discharge under section 227 Cr.P.C. has been rejected. In the facts of this case the matter is remanded to the Additional Sessions Judge Vth, Begusarai to hear the petition allegedly filed under section 227 of the Penal Code. It should be treated as an application under section 227 of the Cr.P.C. The court should not take such a stringent view as the nomenclature is not important. It is the contents of the petition filed that ought to be considered by the court below. The impugned order is, thus, quashed and the matter is remanded to the court concerned for consideration and to pass a fresh order within one month from the date of production of a copy of this order. This application is allowed to the extent indicated above. haque (Sheema Ali Khan, J.)