1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR CRI. APPLICATION NO. 3083/2009 Raju s/o Ajabrao Kose and others..vs.. State of Maharashtra ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Mr. V. D. Muley, Advocate for applicants, Mrs. T.D. Khade, A.P.P. for respondent. CORAM:- R. Y. GANOO, J. DATED :- 29th SEPTEMBER, 2009. On the basis of the F.I.R. dated 7th February, 2009 police have filed chargesheet against the applicants under sections 147, 148, 149, 307 read with section 324 of the Indian Penal Code. According to the learned Advocate for the applicants, no case for charge under section 307 of the Indian Penal Code is made out and at the most the case for the offence under Section 324 of the Indian Penal Code is made out. He wanted this Court to look into the chargesheet and pass the appropriate orders. 2. In my view, it is not necessary for the Court to enter into the exercise of deciding what offence is disclosed at this juncture. As and when the learned Judicial Magistrate First Class before whom the 2 chargesheet is filed he shall up the matter, decide whether the case involves an offence exclusively triable by the Court of Sessions or otherwise. It will be open for the applicants to impress upon the Judicial Magistrate First Class that case does not involve any offence which is exclusively triable by the Sessions Court. The Judicial Magistrate First Class will pass the appropriate order. If the applicants are aggrieved by that order, they are free to challenge the same before the appropriate forum. With the aforesaid views, petition is allowed to be withdrawn. No views are expressed on merits. JUDGE adgokar