IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40600 of 2010 PARASHURAM SINGH @ PARASHURAM SINGH Versus STATE OF BIHAR ----------- 2. 5.1.2011. After having heard Sri Vijay Kumar Mishra, learned counsel appearing for the petitioner, the court feels that the question which has been raised by him before this court, i.e., no offence under Section 3(i)(x)of the (Prevention of Atrocities)Act, 1989 is made out, the forum which could consider it, is that of the court which could ultimately calling upon the petitioner or any other accused who might have been sent up for trial by the police after investigating Nasariganj P.S.case No.204 of 2008 to address their submissions along with the public prosecution under Sections 227 and 228 of the Cr.P.C. for the guidance of the learned trial Judge. It may be pointed out that if no offence exclusively triable by the court of Sessions is made out, then the court of Sessions looses its very jurisdiction to keep the case in its file or in other words to remain seized of the matter. This comes out clearly from the reading of the provisions of 2 Sections 228 of the Cr.P.C. which clearly states that if no offence exclusively triable by that court appears constituted on the facts of the case, then the Sessions court has to send back the case to the Chief Judicial Magistrate under Section 228(i)(ii)of the Cr.P.C. That liberty is granted to the petitioner and the trial court is directed to trace the point which might be raised before it at that particular stage of Sections 227 and 228 of the Cr.P.C. This petition is disposed of with the above directions. B.Kr. ( Dharnidhar Jha,J.)