IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.744 of 2009 MD.SABBIR @ SABBIR MIAN …PETITIONER Versus THE STATE OF BIHAR …OPPOSITE PARTY For the petitioner :Mr. Gyanendra Kumar Singh & :Mr. Abhay Kr. Sinha For the State :Mr. M. Haque,APP ----------- 02. 25.01.2011 Heard both sides. Petitioner is aggrieved by order dated 27.02.2009 passed by learned Judicial Magistrate 1st class, Ara in Tr. No.1320 of 2004, whereby the application preferred by the petitioner under section 239 of the Code of Criminal Procedure (hereinafter referred to as the ‘Code’) has been rejected as not pressed. Learned counsel for the petitioner submits that in view of the observations made in the order dated 05.12.2000 (Annexure-2), the court below was duty-bound to consider and dispose of the matter by a reasoned/detailed order. It appears that when the said application was taken up for consideration, nobody had appeared in support of the same. Consequently, the learned court below rejected the said application. If an application is not pressed, the court cannot be said to be unjustified in rejecting the same on that ground alone. This Court, therefore, does not find any illegality in the order impugned. At this stage, Learned counsel for the petitioner 2 states that till today charges have not been framed and the petitioner would be filing an application seeking discharge. This Court, in that view of the matter, observes that the impugned order dated 27.02.2009, in that event, shall not be considered as a bar. Once such an application is filed, the court is expected to consider and dispose of the same in accordance with law. The application is disposed of with the aforesaid observation. hr ( Kishore K. Mandal )