IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50442 of 2006 AWDHESH MAHTO & ANR Versus STATE OF BIHAR & ANR ----------- 10 25-08-2008 Heard Mr. Ram Chandra Sahni, the learned counsel for the petitioners as also Mr. Jharkhandi Upadhaya. the learned A.P.P. for the State. The petitioners are aggrieved by the cryptic order dated 14.9.2006 passed in Sessions Trial No.261 of 2003 by Sri B.Shukla, learned Presiding Judge, F.T.C.No.V, Begusarai whereby he has rejected the petition of the petitioners under Section 227 Cr.P.C. for their discharge. As held in the case of L.Munni Swami reported in AIR 1977 SC 1489, it is obligatory on the part of the Sessions Judge to record his reasons where he discharges the accused under Section 227 Cr.P.C.. Similarly, it is obligatory on his part to assign reason why he is rejecting the prayer for discharge. In the case of Satish Mehra – Vrs.Delhi Administration, reported in (1996) 9SCC, 766 the Apex Court observed that the Sessions Judge would be within his powers to consider even materials which the accused may produce at the stage contemplated in Section 227 Cr.P.C. Then, again in the case of Niranjan Singh Karam Singh Punjabi –Vrs. Jitendra, reported in (1990)4 SCC, 76, the Supreme Court pointed out that at the stage of framing of the charge the court is required to evaluate the materials and documents on record with a view to finding out if the facts emerging therefrom taken at their face value disclose the existence of - 2 - all the ingredients constituting the alleged offence. I am of the opinion that the learned Presiding Judge, F.T.C.V has fallen short of the requirements in law and as expected from him while disposing of a petition under Section 227 Cr.P.C.. That being the position, the impugned order is hereby set aside and the matter is remitted back to the court below for fresh consideration. The learned Presiding Judge is directed to re-hear the matter and pass fresh speaking orders in accordance with law. Accordingly the application succeeds and the matter is remitted back to the court below for fresh consideration. ( Abhijit Sinha, J) NKS/-