IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23230 of 2010 Satya Narayan Pal, Son of late Sudhir Chandra Pal, resident of Mohalla High School Para Katihar, P.S.-Katihar, District-Katihar. …..Petitioner. Versus The State of Bihar …………..Opposite Party. ----------- 2 17.08.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. On account of absence of accused at an initial stage, two Sessions Trial bearing Sessions Trial No.57/2005 as well as 380/2006 originated from Katihar Town Sahayak P.S. Case no.453 of 2004. Sessions Trial No.57/2005 was sent to the court of Chief Judicial Magistrate by the learned Sessions Judge under Section 228(1) of the Cr.P.C. while the subsequent Session Trial bearing No.380/2006 is still pending before Additional District & Sessions Judge, Ist. The learned Lower Court ought to have exercised the same methodology but passed over the ball before the learned Sessions Judge to pass necessary order which he rightly refused as the Additional District & Sessions Judge, F.T.C., Ist, was himself competent to exercise the power envisaged under Section 228(1) of the Cr.P.C. Be that as it may, after all the petitioner happens to be the sufferer for his no fault and so, the learned lower court is directed to see whether there happens to be applicability of Section 228(1) of the Cr.P.C. in the facts and circumstances of the case and if so, will apply the same. With the aforesaid observation instant petition is disposed of. PN (Aditya Kumar Trivedi,J.)