Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1341 of 2009 ====================================================== Randhir Kumar S/o Parmanand Sharma R/o Mohalla-Anandpuri, House No. 117, P.S.- S.K. Puri, Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ram Kumar Sharma S/o Shri Mahanand Sharma 3. Smt. Nilu Devi W/o Ram Kumar Sharma, O.P. Nos. 2 and 3 both R/o House No. 117, Mohalla- Anandpuri, West Boring Canal Road, Patna, 800001, P.S. S. K. Puri, District- Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nand Lal Kumar Singh, Advocate For the State of Bihar : Mr. M. Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 30-11-2012 By the impugned order dated 18.5.2009 passed in Complaint Case No. 1816 (C) of 2008 by the learned Judicial Magistrate, 1st Class, Patna cognizance has been taken under [STATUTE] . only and process has been ordered to be issued against the accused persons on the basis of the enquiry held under section 202 Cr.P.C. in the aforesaid complaint petition filed by the petitioner. The grievance of the petitioner is that on the basis of the materials available on record, learned Judicial Magistrate ought to have taken cognizance under [STATUTE] . also. After having heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf Patna High Court CR. REV. No.1341 of 2009 (3) dt.30-11-2012 2/2 of the State, this Court is not inclined to exercise its revisional jurisdiction at this stage for interfering with the impugned order, as the petitioner has got an adequate and alternative remedy under section 216 Cr.P.C. Once the trial proceeds against the accused persons and witnesses are examined on behalf of the prosecution, and if materials are found for constituting offence under [STATUTE] ., then the petitioner would be at liberty to file a petition under section 216 Cr.P.C. for amendment of charge. If such a petition is filed by the petitioner at an appropriate stage before the learned trial court, then the same may be heard and disposed of, in accordance with law, after giving opportunity of hearing to all concerned. The application stands disposed of with the aforesaid observations and directions. RPS/- (Birendra Prasad Verma, 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.