IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55232 of 2007 KURBA BANSFOR SON OF LATE SARASDEO BANSFOR, AT PRESENT RESIDING AT MOHALLA-HASANGANJ DOMTOLI, P.S. MOJAHIDPUR, DISTRICT-BHAGALPUR. -PETITIONER Versus THE STATE OF BIHAR --OPPOSITE PARTY 2 19.03.2010 Heard learned counsel for the petitioner. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of the order dated 03.10.2007 passed by the Additional Sessions Judge, Fast Track Court no.III, Bhagalpur, in Sessions Case no. 874 of 2007 / T.R. no. 174 of 2007 for framing charge under Section 302/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that there is no specific allegation against the petitioner and at best the charge against him can be framed under Section 304 of the Indian Penal Code instead of under Section 302/34 of the Indian Penal code. By same order another accused was charged under Section 302 of the Indian Penal code carrying specific allegation of firing upon the deceased. Framing of charges against one of the accused under any minor Section, if considered at this stage, shall 2 tantamount to premature mini trial. Cognizance has been taken against him three years ago. Trial after charge has proceeded and as submitted has arrived at the final stage by examining witnesses etc. Thus, I do not find any reason to interfere with the impugned order. The petition stands disposed of. However, evidence collected, during trial, shall be considered meticulously by the court below, at the proper stage, who will decide the nature of offences committed by each of the accused persons without any bias and prejudice. (Akhilesh Chandra, J.) AAhmad