IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34317 of 2010 Binod Chaudhary & Ors Versus State Of Bihar & Ors ----------- 2/ 29/09/2011 Heard the parties. Instead of invoking the power envisaged under Section 323 of the Cr.P.C. whereunder it was expected at the end of the petitioners to pray before the court concerned for committal of the case in the background of the evidence adduced on his behalf suggesting a case to be exclusively triable by the court of sessions, the petitioner had prayed for addition of Section 307 of the IPC in the charge which, rightly been refused by the successive courts. As such, I do not see any cogent reason to interfere with the order impugned and the same is accordingly rejected. However, it will be open for the petitioner to seek remedy in accordance with Section 323 of the Cr.P.C. perwez (Aditya Kumar Trivedi,J.)