IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50734 of 2008 1. Jiwan Prasad 2. Meena Gupta……………Petitioners. Versus State Of Bihar & Anr ------------------------- Lawyer for Petitioners- Mr. Bindhkeshri Kumar Singh & Mr. Dinesh Jha-Adv. Lawyer for State- Mr. R. C. Singh- A.P.P. & Lawyer for Opposite Party- Mr. R. K. Sharma & Mr. Rajiv Kumar Singh- Adv. -------------------------- 04. 21.11.2011 This is an application for quashing the order dated 19.11.2008 passed in Complaint Case No.577 of 2005, Tr. No.1549 of 2008 by learned Sri Ram Prasad, Judicial Magistrate, Ist Class, Muzaffarpur, whereby and whereunder the learned Magistrate was pleased to reject the petition dated 14.3.2008 filed by the petitioners for discharge under Section 245 of the Cr. P.C. and further pleased to order for charge against the petitioners. Heard learned counsel for the petitioners and learned counsel for the State. A petition under Section 245, Sub-section-1 Cr. P. C. filed in the trial Court to discharge the petitioners as no offence was made out against them under any of the sections for which cognizance was taken. Four witnesses appeared examined before charge and then only case was taken up by the trial Court. Parties were heard on discharge petition, but same is disposed of by the non-speaking order, which is in question. None of the lawyers could justify such order, if can be sustained more detail, it is given by the trial Court in all that four witnesses were examined before charge without mentioning statement of any of them. Observation is that material was sufficient for framing of the charge. This much act of the trial Court may not be appreciated and it is made clear that whenever, a petition is disposed of under Section 245(1) of the Cr. P.C. and there can be reasoning for its rejection or allowance. Accordingly, this application is allowed or quashing matter is sent back to the Court below to pass speaking order and reasoned order after hearing both the parties. Vikash ( Mandhata Singh, J.)