IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.511 of 2009 KAMAL NARAYN JHA & ANR Versus STATE OF BIHAR & ANR ----------- 2. 19.3.2010 I have heard Shri Chitaranjan Sinha, learned Senior counsel for the petitioner who questions the propriety of summoning the petitioners for committing an offence under Section 307 of the Penal Code. I simply want to draw the attention of the court below, i.e., the Sessions Judge, when he takes up a case under Sections 227 and 228 of the Cr. P.C. that there has always to be sufficient ground for proceeding against the accused on finding that he appears having committed an offence which could be exclusively triable by the Court of Sessions. It may be pointed out to the court below that finding of constitution of an offence which could be exclusively teriable by the Court of Sessions could be recorded only when the facts of the case are properly perused and considered. It is not that an order of cognizance has been passed and the case has been committed to the Court of Session and that the trial has to be concluded under Chapter XVIII of the Cr. P.C. I believe that the court below shall keep in its mind when an occasion rises to it for considering the prayer of the petitioners in the above behalf. As regards the order of summoning, I wish simply in expectation that the matter shall be considered by that court of Sessions in its true perspective. 2 The petition is accordingly disposed of. Kanth ( Dharnidhar Jha, J.)