IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 653 of 2008 U.C. Kala …. Petitioner Versus State of Uttarakhand & another …. Respondents Mr. S. Dhulia, learned Senior Counsel with Mr. Rahul Consul, learned counsel for the petitioner. Mr. Harish Pujari, learned Additional Government Advocate for the respondent-State. Hon’ble V.K. Gupta, C.J. While referring to the judgment dated 17th November, 2007 passed by this Court in Criminal Miscellaneous Application No. 775 of 2001 wherein, at para 10 of the said judgment, this Court had observed that the applicant-petitioner would have an opportunity before the trial Judge to put forth his defence, Mr. Dhulia, learned Senior Counsel appearing for the petitioner, while assailing the impugned order dated 6th October, 2008 has submitted that the learned trial Judge has prematurely prevented the petitioner-accused from raising the pleas available to him for being discharged in terms of Section 227 Cr.P.C. After hearing the arguments of the learned counsel of the parties, I dispose of this petition by permitting the petitioner and granting him liberty to argue in the trial court in support of his plea and submission that the terms of Section 227 Cr.P.C. he should be discharged. On such arguments being advanced, on such pleas being raised and appropriate submission being made, I direct the learned trial Judge to hear the petitioner in support of his plea of discharge. Upon hearing the petitioner in support of such plea, if in terms of section 227 Cr.P.C. the learned trial court feels that the petitioner deserves to be discharged, he shall pass an order of discharge. If, however, after hearing such arguments the learned trial court in terms of Section 227 Cr.P.C. feels that the petitioner does not deserve to be discharged and that there is a ground for presuming that he has committed the offences, in terms of Section 228 Cr.P.C. he shall proceed to frame the charges against him, after passing an appropriate order refusing to discharge him. The writ petition is disposed of in the aforesaid terms. (V.K. Gupta, C.J.) Avneet 16.10.2008