This revision petition is sought to be filed by the second accused against order, dated 30.06.2010, passed by the Additional Sessions Judge, Family Court, Eluru, in Crl. M.P. No.185 of 2010 in S.C.No.162 of 2010 by which the lower court dismissed the petition filed by A2 under Section 227 Cr.P.C. refusing to discharge him.

2. A2 is accused of offence punishable under Section 302 read with 109 I.P. C. After committal of the case and after framing of charges, the lower court issued schedule for trial of the case. At this stage, A2 filed the present petition in the lower court under Section 227 Cr.P.C. for discharging him and to reconsider the charge. The lower court negatived request of A2 on the ground that discharge petition is not maintainable after framing of charges.

3. The petitioner's counsel placed reliance on Baburao Hari Pawarv. State of Maharashtra (1) 1987 Crl.L.J. 584 of the Bombay High Court and contended that the accused is entitled to ask for discharge from the prosecution at any stage and there is no time limit for filing such an application. This Bombay High Court decision is contrary to scheme of trial before a court of session prescribed in Chapter XVIII of CLP