BRAHMANAND MISHRA S/O LATE GAUTAM MISHRA, R/O VILLAGE-BHODASA, P.S.-EKMA, DISTRICT-SARAN AT CHAPRA Vs. VIVEKANAND MISHRA S/O SACHIDANAND MISHRA & ORS.

JUDGEMENT

(1.) Heard.

(2.) By the impugned order dated 16.4.2010 passed in Sessions Trial No. 728 of 2008 by the learned Additional Sessions Judge, F.T.C. III, Saran at Chapra, while exercising powers under section 228 (1) (a) Cr.P.C. the learned trial court has come to a finding that no case under section 307 I.P.C. is made out against accusedopposite party Nos. 1 to 9 and remaining offences are exclusively triable by the learned magistrate. Therefore, the record of the case was directed to be transmitted to the court of learned Chief Judicial Magistrate, Saran at Chapra for framing charge against accused-opposite party nos. 1 to 9 for various others offences and for proceeding in the matter further in accordance with law.

(3.) Learned counsel for the petitioner submits that, as a matter of fact, charge under section 307 I.P.C. is made out against accused persons and the case ought not to have been remitted to the court of the learned Chief Judicial Magistrate and ought to have been tried by the learned sessions court itself.