D.K.SINHA,J. - (1.) PRESENT criminal revision is directed against the order impugned dated 16.1.2007, passed by 1st Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 245 of 2005, where by and where under, petition filed on behalf of the petitioner for his discharge under Section 227 of the Code of Criminal Procedure was rejected.
(2.) PETITIONER has earlier moved before this Court almost with similar prayer for his discharge under Section 227 of the Code of Criminal Procedure which was allowed in Cr. Revision No. 739 of 2006 on 6.11.2006 with the following observation, In catena of decisions it were held that whenever any discharge petition is filed on behalf of the accused, duty is cast upon the Court concerned to specify the prima facie materials against the petitioner -accused for framing of charge which is lacking in the instant case and for such reason the order impugned passed by the 1st Additional Sessions Judge in Sessions Trial No. 245/05 on 8.8.2006 is set aside with the direction to pass a speaking order on the petition of the petitioner filed under Section 227, Cr PC. But the impugned order dated 16.1.2007, passed by the 1st Additional Sessions Judge, pursuant to the observation made by this Court in Cr. Revision No. 739 of 2006 oh 6.11.2006 indicates that the order was passed contrary to the observation made by this Court and the Court propounded its own theory with undue disregard to the judicial hierarchy.
(3.) IT was specifically observed that the duty was cast upon the Court concerned to specify the prima facie materials against the petitioner -accused for framing of charge but the same could not be followed and instead, by an envasive order petition filed on behalf of the petitioner Durga Prasad Agarwal under Section 227 of the Code of Criminal Procedure was dismissed. No doubt the case was reported in respect of indictable offence of murder by displaying extreme form of brutality, but at the same time what the Court is required before framing of charge is to place prima facie materials on the record when a petition under Section 227 of the Code of Criminal Procedure is agitated on behalf of the accused.;