Md. Tauheed son of late Wajid Ali vs The State of Bihar

Heard learned counsel for the petitioners and learned

counsel for the State.

This application under Section 482 of the Code of

Criminal Procedure has been filed by the petitioners seeking

quashing of the order dated 21.05.2011 passed in Sessions Trial

No. 603 of 2010, arising out of Complaint Case No. 503-C of 2009

by the learned 1st Additional Sessions Judge, Araria whereby the

application under Section 227 of the Code of Criminal Procedure

for discharge filed by the petitioners has been rejected.

After some arguments, learned counsel for the

petitioners submitted that he would confine his prayer in the

present application to the extent that if the petitioners file an

application under Section 228(1)(a) of the Code of Criminal

Procedure, the same shall be entertained and disposed of by the

trial court without being prejudiced in any manner by the impugned

order dated 21.05.2011.

Learned counsel for the State submitted that if the

leaned counsel for the petitioners has confined his prayer to the

above extent, the State has no objection to it.

Having heard the parties, the application is disposed of

with a direction to the trial court that if an application is filed on

behalf of the petitioners under Section 228(1)(a) of the Code of

Criminal Procedure contending therein that the offence alleged is

triable by the Magistrate and not by court of session, the same shall

be entertained on merit without being prejudiced in any manner by

any earlier order passed by the trial court.

Registry is directed to remit the lower court record to

the court below forthwith.