IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39599 of 2010 ANIRUDH SINGH & ORS Versus STATE OF BIHAR & ANR ----------- 2. 10.11.2010. After having perused the revisional order passed by the Additional Sessions Judge, Fast Track Court No.II, Nawada in Cr.Revision No.22 of 2008/9 of 2010, this Court does not have even the least difficulty in setting aside the order simply for the reason that by no angle of appreciation the order could be said to be a speaking order. The Additional Sessions Judge was considering a final order under Section 145 Cr.P.C but he did not even refer a single line of evidence of either of the parties and went on to dismiss the revision petition in one line by noting down “in the circumstances there is no force in this revision, hence revision petition is dismissed”. The learned Additional Sessions Judge, before having proceeded to pass the order dismissing the revision petition ought to have consulted the provisions of the Cr.P.C., specially, those under Sections 399, 401 and 386 and ought to have appreciated that the evidence 2 has to be appreciated as if he was applying his appellate jurisdiction which powers are vested in the revisional courts also by virtue of Section 401 of the Cr.P.C. If he could have further consulted the provisions of Section 386 of the Cr.P.C., he could have found that a valid jurisdiction is created in the appellate court, which is also the jurisdiction of a revisional court, while hearing a revision or an appeal to proceed only after hearing the parties and after having perused the evidence which might be available to the revisional or appellate court on record. It is simply amazing to note that the learned Additional Sessions Judge was overlooking the provisions and thereby was ignoring his own duty which is cast by the provisions of law. The order appears perverse. The same is hereby set aside. The matter is remitted back for re-hearing. The way the learned Presiding Judge of the Fast Track Court went on to dispose of the revision petition, convinces this court that it would not be desirable that the same Judge should hear the matter. As such the District & Sessions Judge, Nawada shall ensure that the matter is allocated to the Additional District & Sessions Judge in the regular cadre who shall abide by the 3 above observations and hear this petition and pass an appropriate order. This petition is allowed with the above directions B.Kr. ( Dharnidhar Jha,J.)