IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5670 of 2010 1. MD.SALIMUDDIN ANSARI 2. Md.Basiruddin Ansari, both sons are Sarfuddin Ansari 3. Md. Mumtaz Ansari S/O Salimuddin Ansari , All residents of Village- Moghalpura, P.S. Mehsi, District- East Champaran ---------- Petitioners. Versus STATE OF BIHAR ----------- 02 17-02-2010 Heard Mr. Bal Govind Sharma, learned counsel for the petitioners and Mr.Jharkhandi Upadhaya, learned A.P.P. for the State. The petitioners have made a prayer for quashing of the order dated 20.11.2009 whereby the learned Addl. Sessions Judge, F.T.C.I, Muzaffarpur has rejected the petition filed on behalf of accused petitioners for their discharge. The case is under Sections 364 and 365/34 of the Indian Penal Code. Learned counsel for the petitioners while pressing this petition, argued that the F.I.R. was itself registered three months after the date of alleged kidnapping of the son of the informant. He has further submitted that in any event, Sections 364 and 365 of the Indian Penal Code do not apply in the facts and circumstances of the present case. - 2 - I may indicate that while exercising power under Section 482 Cr.P.C., it is not desirable for this Court to conduct a roving enquiry and examine the evidence and case diary to come to the conclusion on the facts as to whether the order of rejection of discharge is right or wrong. Besides this, Sections 227 and 228 of the Code of Criminal Procedure are also clear on the point that in case of rejection of petition for discharge there is no need to record the reason. On the contrary, if a court feels to discharge the accused it is duty on the part of the court to assign a detailed reason regarding discharge of the accused. The provision under Section 227 of the Code of Criminal Procedure is very much clear and in view of the said provision, I am of the view that the learned Addl. Sessions Judge while rejecting the petition for discharge has committed no error and, accordingly, there is no merit in the petition. The petition stands rejected. NKS/- ( Rakesh Kumar, J)