((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.390 OF 2009 Kisan Babaso More & others Petitioners versus The State of Maharashtra Respondent Shekhar A. Ingawale for petitioners. S.V.Gajre, APP for the State. CORAM : A.S.OKA, J. DATE : 06th April 2009 PC : 1. Heard learned advocate for the petitioners who are the accused. The petitioners have been charged with commission of offence punishable under section 302 read with section 34, section 498-A read with section 34 and section 201 read with section 34 of the Indian Penal Code. The learned counsel for the petitioners has invited my attention to the post mortem notes and report of the chemical analyser. The submission of the learned counsel for the petitioners is that the said documents show that the charge against the petitioners can never be established on the evidence and therefore, the petitioners cannot be compelled ((-2-)) to face the trial. 2. I have perused the impugned order by which the application for discharge made by the petitioners has been rejected. At the stage of proceeding when the application for discharge is heard, it is not necessary to appreciate the evidence. The only requirement at this stage is that the Court should examine whether there is a prima facie material to proceed against the petitioners. Looking to the nature of the allegations against the petitioners, this is a case where the prosecution will have to be permitted to adduce the evidence. No fault can be found with the impugned order by which the application for discharge has been rejected. The petition is accordingly rejected. It is, however, made clear that all contentions of the petitioners raised in this petition are expressly kept open. (A.S.OKA, J.)