IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29838 of 2008 JITENDRA SINGH & ORS Versus THE STATE OF BIHAR ----------- 2 20.4.2009 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners submits that a discharge petition dated 9.6.2008 was filed by them before learned Fast Track Court 2nd Ara in Sessions Trial No. 783 of 2007 but instead of deciding and hearing the petitioners on the question of discharge vide order dated 9.6.2008 itself the petition was kept on record and the charges have been framed under several sections of the Indian Penal Code against the accused petitioners. Prima facie the court below has committed illegality which requires to be interfered with in exercise of power under section 482 of the Cr. P.C. Accordingly the order dated 9.6.2008 passed in Session Trial No. 783 of 2007 framing charge is hereby set aside. The Court below is directed to hear the petitioners first on the discharge petition filed by them on 9.6.2008 and pass an appropriate order in the matter. This application is allowed. RPS (Ajay Kumar Tripathi,J.)