Case Facts:
Patna High Court Cr.Misc. No.15816 of 2011 (2) dt.17-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15816 of 2011 ====================================================== 1. Sunil Kumar Jha S/O Daya Nand Jha R/O Vilalge-Silaut, P.S.-Mufassil, Distt.-Samastipur 2. Mohi Narayan Mishra @ Jatia Mishra S/O Late Uma Mishra R/O Vilalge-Silaut, P.S.-Mufassil, Distt.-Samastipur 3. Nagendra Jha S/O Naiyat Jha R/O Vilalge-Silaut, P.S.-Mufassil, Distt.- Samastipur 4. Sri Narayan Mishra S/O Late Uma Mishra R/O Vilalge-Silaut, P.S.- Mufassil, Distt.-Samastipur 5. Kashi Mishra @ Burha @ Kashi Ram S/O Sitaram Rai R/O Vilalge- Silaut, P.S.-Mufassil, Distt.-Samastipur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mr. Amit Kumar, Adv. For the Opposite Party/s : Mr. A.K.Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 17-08-2012 Heard learned counsel for the petitioners and the State. In this case, petitioner is challenging he order dated 9th March 2011 passed in S.T.No. 560 of 2010 by which the court below has refused to entertain the application [STATUTE] (1)A of Cr.P.C. Primarily prayer was made that the nature of injury received by the victim does not constitute an offence [STATUTE] [STATUTE] . It is submitted that at best it can be a case [STATUTE] (2) dt.17-08-2012 At this stage this Court does not find favour to interfere with the matter as the court has found severe injury but the petitioner will have the liberty to file an application at the appropriate stage for modification of the charge. If such application is filed, the court below will pass order in accordance with law. Counsel for the petitioner submits that in the present case, there is a case and counter case arising from the same incident. So it will be desirable that both the cases should be tried by one court so that there will be no chance of conflicting judgment. Counsel for the petitioner has informed that both the cases are pending before different courts. Petitioner is given liberty to file application in this regard before the Sessions court and the Sessions court would pass order in accordance with law. With this observation, this petition is disposed of. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 324

Statute Text:
Section 324 of the Indian Penal Code. Voluntarily causing hurt by dangerous weapons or means. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.