DILLIP KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) An order rejecting the application under section 227 Cr.P.C., by the Assistant Sessions Judge, Phulbani, in S.T.Case No. 4 of 2002, is the subject matter of challenge in this Criminal Revision at the instance of the accused-petitioner.

(2.) Heard learned counsel for the petitioner and learned Standing Counsel and this revision is disposed of at the stage of hearing on admission.

(3.) It appears from the certified copy of orders passed on 1.7.2002 in the said sessions case that after hearing the parties, the first order which was passed was under section 228, Criminal Procedure Code (hereinafter referred to as "the Code") by framing charge for the offence under Sections 376, 451 and 506, I.P.C. and thereafter, the petitioner filed an application under Section 227, Cr.P.C. claiming for his discharge from the charge under section 376 I.P.C. and the second order was passed on the selfsame date (1/7/2002) rejecting that prayer by a speaking but verbose order. The second order is under challenge in this revision.