IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3073 of 2011 1. RAKESH SINGH. 2. Lav Kush Singh@ Lav Kush Sharma. Both sons of Jayendra Singh, R.O.V Gona, P.SRani Talab, Dist-Patna. Versus THE STATE OF BIHAR ----------- 2 30.03.2011 Regard being had to the facts that the Magistrate is well within the jurisdiction to peruse the case diary and summon the accused who has not been sent up while submitting the charge sheet in a case, the order challenged through the present petition which is dated 16.6.2010 passed by learned Additional Chief Judicial Magistrate, Danapur in Ranitalab P.S. Case No. 35 of 2008 is not interfered with However, the grievance of the petitioners is that there was no material to justify summoning and putting them on trial, could be taken care of when the Court of Sessions takes up the hearing under Sections 227 and 228 of Cr. P.C. It has repeatedly been pointed out by this Court, that after considering the material available to the Court in the case diary, if the Court of sessions finds that the offence was exclusively triable by it the Court could frame the charge. Likewise, if the Court finds complete absence of the ground, then it does not have the jurisdiction to proceed with the trial. It is expected of the Court of Sessions that it passes a speaking order after considering the material available in the case diary so that the Court may apply its mind. With the above observation this petition is disposed of. Anand Kr. /Prakash ( Dharnidhar Jha, J.)