IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33083 of 2007 DILIP LAL Versus STATE OF BIHAR & ANR ----------- 5 12.11.2008 Heard Mr. Surendra Kishore Thakur, learned counsel for the petitioner, Mr. Vinay Krishna Tripathy, learned counsel for O.P. no. 2 and Mr. Jharkhandi Upadhaya, learned A.P.P. for the State. Through this application the petitioner prays for quashing of order dated 12.10.2006 passed by the learned Chief Judicial Magistrate, Nawada, in Roh P.S. Case No. 06 of 2006, whereby he has taken cognizance against the petitioner under section 304B I.P.C. The grievance of the petitioner is that from the materials available in the case diary a clear case of offence under section 306 I.P.C. is made out and it is not a case under section 304B I.P.C. Offences under section 304B as also under section 306 I.P.C. are exclusively triable by the Sessions Court. Therefore, whether the offence under section 304B and 306 I.P.C. can best be decided by the Sessions Court at the time of framing of charge. In the aforesaid circumstances it would only be appropriate to give liberty to the petitioner to raise this issue before the Sessions Judge in seisin of this trial to decide the section wherein charge should or ought to be framed. With the aforesaid observation this application is disposed of. Spd/- (Abhijit Sinha, J.)