Hon’ble S.C. Agarwal, J.—Heard learned counsel for the petitioners and learned AGA for the State.

2. This writ petition has been field with a prayer to quash the order dated 12.1.2011 passed by Chief Judicial Magistrate, Court No. 17, Deoria in Case No. 6234 of 2006, Rang Lal v. Lalu Yadav and others and order dated 20.7.2011 passed by Addl. Sessions Judge, Court No. 7, Deoria in criminal revision No. 47 of 2011, P.S. Madanpur, District- Deoria.

3. The petitioners are accused in the aforesaid complaint case under Section 147, 148, 327, 504, 506, 302 IPC and 3 (2) (5) SC/ST Act and application for discharge under Section 245 (2) Cr.P.C. was moved on behalf of the petitioners, which was dismissed by the Magistrate. The revision has also been dismissed.

4. Learned counsel for the petitioners submitted that the deceased died in an accident and no case under Section 302 IPC is made out.

5. Learned AGA submitted that the case is triable by Court of sessions and the application for discharge under Section 245 Cr.P.C. was not maintainable and was rightly rejected.

6. The case is triable by the Court of session and offence under Section 3 (2) (5) SC/ST Act is also triable by Specia