Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1763 of 2011 ====================================================== Rama Shankar Sharma, son of Mishri Lal Sahrma, resident of Village- Rahan sarai Jatar Tola, P.S. Barauli, District- Gopalganj .... .... Petitioner Versus 1. The State Of Bihar 2. Swami Nath Yadav, son of late Indrshan Yadav 3. Nand Jee Yadav, son of Swami Nath Yadav, both are resident of Neuri, P.S. Barauli, District-Gopalganj. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate. For the Opposite Party/s : Mr. Jharikhandi Upadhyay, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 23-02-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 3.12.2010 passed by the learned Additional Chief Judicial Magistrate, Gopalganj in C. Case No. 640 of 2008, Tr. No.142 of 2010 by which the petition dated 19.8.2010 for framing the charge under [STATUTE] filed by the petitioner, who is complainant/informant in Barauli P.S. Case No.28 of 2008 has been rejected. Learned counsel for the petitioner submits that initially a complaint case was filed. The same was sent to the police station under section 156(3) of the Code of Criminal Procedure for investigation. The police has submitted charge- Patna High Court Cr.Misc. No.1763 of 2011 (3) dt.23-02-2012 2 / 2 2 sheet for offences under [STATUTE] and the trial court has taken cognizance under [STATUTE] and refused to take cognizance under [STATUTE] . He further submits that the trial court on the basis of the material on record that has come during investigation, ought to have taken cognizance under [STATUTE] also. It appears that the trial court has considered the material on record and rightly refused to take cognizance under [STATUTE] . This application is dismissed with a liberty to the petitioner to raise all the points before the trial court at the appropriate stage. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.