IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1290 of 2007 PRABHU DAYAL SAO & ORS Versus STATE OF BIHAR ----------- 3 26-09-2008 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are accused in Sessions Trial no. 358 of 2003/ 175 of 2005 corresponding to Nawadah town PS case no. 104/2000 pending before Additional Session Judge, Fast Track Court, I, Nawadah. It appears that by the impugned order dated 25.6.2007 learned court below framed charges against the accused persons. The contention of the learned counsel is that a discharge petition was pending before the court below. Several times the same was moved for hearing but no order was passed and abruptly without hearing the parties and also without disposing of the discharge petition and on a day when the lawyers of Nawadah were on strike learned court below framed the charges against the accused persons without even hearing them. It appears from the impugned order that on that day the lawyers of Nawadah were on strike and abstaining from court. The order also does not show that the accused were heard. It also does not show that pending discharge petition was disposed of. In the circumstances, this application is allowed and impugned order dated 25.6.2007 is hereby set aside. Learned - 2 - Additional Session Judge in seisin of the case is directed to re-hear the matter and pass necessary order in accordance with law. BKS/ (M. Saran, J.)