IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25405 of 2006 1. Sheo Shankar Prasad alias Sheo Kumar Sah, Son of Sri Sant Kumar Prasad, Resident of Village Dighawa Dubauly, P.S. Baikunthpur, District Gopalganj, presently living at Masharakh, P.S. Masharakh, District Chapra. 2. Ramji Prasad, Son of Ayodhya Sah, Resident of Village Masharakh, P.S. Masharakh, District Chapra. ------ Petitioners Versus 1. The State of Bihar. 2. Bhutto Mohammad, Son of Mahboob Mian, Resident of Sirsa, P.S. Baikunthpur, District Gopalganj. -------- Opposite Parties ----------- 5 14.9.2009 Heard Mr. Raju Giri, learned counsel for the petitioners and counsel for the State. It is not one of those cases where it can be said with certain sense of conviction that the charges could be framed against the petitioners under Section 304 of the Indian Penal Code (I.P.C.), inasmuch as, there are materials to show that even if the allegation made in the First Information Report is found to be correct, it would at best be an offence under Section 304A of the I.P.C. The difficulty, however, is that today when the case has been taken up, counsel for the petitioners would inform this Court that not only the charge has been framed but the trial has also proceeded and the witnesses have been examined. 2 This Court, would note that even when the notices were directed to be issued to the other side by an earlier order of this Court dated 21.9.2006 the further proceeding was not stayed by this Court and the case was kept pending for service of notice for nearly three years. In that view of the matter, this Court would find it difficult to interfere under the changed circumstances particularly on account of framing of charges and leading of the evidence in between the period when the order impugned rejecting the prayer for the petitioner to discharge was passed. The petitioner, however, would be still at liberty to raise all these questions by way of defence at the appropriate stage of trial. With the aforesaid observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)