IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42017 of 2009 BANGALI PAL Versus STATE OF BIHAR ----------- 3. 7.1.2010 This petition was place before me on a slip given by counsel for the petitioner mentioning therein that the submission of Shri Surendra Kishore Thakur, Advocate, who was appearing on behalf of the informant on 23.12.2009 that charges had been framed two dates prior to 23.12.2009, was completely baseless and a false submission. In support of the contention the orders passed by the 3rd additional Sessions Judge, Barh, in Sessions Trial No. 2150 of 2008 from 15-12-2008 up to 19.12.2009 has been placed before me and that indicates that no charges were framed till 19.12.2009. The contention is that on subsequent date, i.e., 4.1.2010, no charges were framed. The Court cannot do much about the conduct of a counsel though it is highly reprehensible that such a false and baseless submission was made to resist the prayer for bail which the Court records with anguish and sense of disgust on the conduct of the counsel. Because, the charges have not been framed, the part of the order dated 2 23.12.2009 that the trial be concluded within six months appears of no meaning. Let 3rd Additional Sessions Judge, Barh, be directed to frame charges at the earliest by disposing of the petition under Section 227 of the Cr. P.C. filed before him on 3.8.2009. This also appear a matter of concern for this Court that petitions seeking discharge are kept pending for such a long period. The lower court may note that it has to make hearing under Sections 227 and 228 of the Cr. P.C. and if it comes to a conclusion even on a simple hearing under the above provisions that no offence appears committed by the accused it has to discharge the accused, else, has to frame charges and has to act under the provisions of section 228(2)(a) of the Cr. P.C. It is needless to wait for hearing on a petition. I believe, the court understands its duties under Sections 227 and 228 of the Cr. P.C. and acts at the earliest. Kanth ( Dharnidhar Jha, J.)