MD. IRSHAD SON OF WAHAB MASTER @ ABDUL WAHAB, RESIDENT OF VILLAGE-BALTHI MUSAHARI, P.S.-BOCHAHA, DISTRICT-MUZAFFARPUR Vs. THE STATE OF BIHAR & ANR.

JUDGEMENT

(1.) Heard Shri Yogesh Chandra Verma, learned Senior Counsel for the petitioner and Shri Nand Kumar, learned Additional Public Prosecutor.

(2.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 5.8.2009 passed in Sessions Trial No. 379 of 2008 (arising out of Bochaha P.S. Case No. 10 of 2008) registered for the offence under Sections 302/34 of the Indian PenalCode by which learned 5th Additional Sessions Judge, Muzaffarpur has rejected the petition filed on behalf of the petitioner under Section 227 of the Code of Criminal Procedure for his discharge.

(3.) Learned Senior Counsel for the petitioner, while assailing the impugned order, submits that the order does not give any reason for rejecting the petition He further submits that the impugned order is a glaring case of non-application of mind of the court and on this ground, the impugned order is liable to be set aside. In support of his argument, learned Senior Counsel has heavily relied on a Supreme Court judgment reported in (Sajjan Kumar V/s. C.B.I., 2011 1 PLJR(SC) 33) as well as (Renuka V/s. State of Karnataka and Another, 2009 2 PLJR(SC) 190). It was submitted that the Apex Court has also held that at the time of passing order on discharge petition, the court is required to assign reason and apply mind.