IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27060 of 2010 1. GEETA DEVI, WIFE OF RAMESHWAR PRASAD 2. SHAILENDRA YADAV, SON OF RAMESHWAR PRASAD 3. RAMESHWAR PRASAD, SON OF LATE LAXMI NARAYAN PRASAD 4. AKHILESH YADAV, SON OF LATE LAXMI NARAYAN PRASAD ALL RESIDENT OF MOHALLA NEW KARBIGAHIYA NTCP ROAD, NEAR GAS AGENCY, P.S. JAKKANPUR, DISTT. PATNA. ------- PETITIONERS. Versus THE STATE OF BIHAR ----------- 2. 11.02.2011 Heard the parties. The petitioners have sought quashing of the order dated 1.4.2010 passed by the 11th Additional Sessions Judge, Patna, in Sessions Trial No. 1176 of 2008 by which he has refused to discharge the petitioners. The counsel for the petitioners submits that there was a title suit between the husband of the Complainant and the brothers of the petitioner Nos. 3 and 4 which was decided in favour of the brother of petitioner Nos. 3 and 4 and this Complaint has been instituted to dispossess the accused persons from their rightful gain. The further submission is that in the facts of the case, no offence under Section 307 of the Indian Penal Code would be made out especially against the petitioner Nos. 1 and 4 against whom there is no specific overt act alleged. However, at the stage of framing of charge, it is a well established principle of law that the case cannot be meticulously examined nor can the defence of the accused persons be relied upon. 2 In view of such, finding no merit in the application, the same is dismissed. S.Ali ( Anjana Prakash, J.)