ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in this appeal is to the order passed by a learned Single Judge of the patna High Court allowing the petition filed in terms of Section 482 of the Code of Criminal procedure, 1973 (in short 'code' ). The petition was filed by the respondent no. 2. In the petition challenge was to the order dated 22. 9. 2003 passed by the Chief Judicial Magistrate, chapra in Trial No. 286 of 2003. The petition filed by the present respondent no. 2 for discharge under Section 245 of the Code was rejected. The stand of the applicant before the high Court was that as a counter blast to certain incidents, the petition had been filed belatedly. The present appellant opposed the petition taking the stand that ultimately it was a question of defence and could not have been agitated in an application under Section 482 of the Code.

( 3 ) THE High Court noted that on the basis of the complaint lodged by the present respondent no. 2 charge sheet had been filed. According to him, the original occurrence took place on 5. 5. 2000 and the complaint was filed after a week as a counter blast. The High Court by practically a non-reasoned order has allowed the ap