I have heard learned counsel for the revisionist as well as learned AGA at the very admission stage and this revision is being decided as admittedly learned AGA could not defend the impugned order dated 27.5.2010 passed by the 1st Additional District and Sessions Judge, Sonebhadra in S.T. No. 20 of 2009, State Vs. Sanjay Viyar and others relating to P.S. Roberts Gang, District Sonebhadra for the primary reason that the impugned order is a non-speaking order.
The discharge prayer of the accused has been rejected by the Trial Court without considering the argument raised by him and the sustainability of the said argument. I also find that by a single sentence, the Trial Judge has rejected the prayer for discharge of the present revisionist. He is not expected to decide the question of discharge in such a slipshod manner without appreciating critically the arguments raised in favour of such a discharge prayer.
This revision is allowed. The impugned order dated 27.5.2010 passed by the 1st ADJ, Sonbhadra in the aforesaid Sessions Trial is hereby set aside.
The trial judge is directed to pass a detailed order considering the arguments of the accused claiming discharge by passing a reasoned order.
Order Date :- 28.6.2010 vinay