IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27669 of 2007 1. Fakira Prasad Yadav, S/o Late Mahenth Roy. 2. Kameshwar Roy. 3. Makeshwar Roy alias Chhote. Both sons of Fakira Roy. 4. Mukesh Kumar alias Mukesh Roy, S/o Dasai Roy. All resident of the Village-Pakaria, P.S. Parihar, District Sitamarhi. ------- Petitoners Versus 1. The State of Bihar. 2. Hari Narayan Rai, Son of Muni Rai, Resident of Village- Hariharpur, P.S. Bathanaha, Distt. Sitamarhi. --------- Opposite Parties ----------- 6 6.8.2009 No one appears on behalf of the petitioners. Counsel for the opposite party no.2 is present. In a police case, if at the stage of investigation itself, the offence under Section 307 of the Indian Penal Code (I.P.C.) was added and the police after investigation of the case had filed a charge-sheet under Section 307 of the I.P.C. as well on which the court after taking cognizance had committed to the Court of Sessions, there would be hardly any scope for the accused persons to ask the court to send back the matter to the court of Magistrate after expunging Section 307 of the I.P.C. As a matter of fact, in the impugned order, the court below has also recorded that 2 there is sufficient materials available for framing of charge against the petitioners under Section 307 of the I.P.C. Such appreciation made at the stage of framing of charge cannot be re-examined by this Court by holding a mini trial. That being so, this application is wholly misconceived and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)