Case Facts:
Patna High Court Cr.Misc. No.9022 of 2011 (2) dt.21-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9022 of 2011 ====================================================== 1. Pradeep Das S/O Baleshwar Das Resident Of Village- Mirachak, P.S- Sahebpur Kamal, District- Begusarai. 2. Raj Kumar Das S/O Baleshwar Das Resident Of Village- Mirachak, P.S- Sahebpur Kamal, District- Begusarai. 3. Dilip Das S/O Baleshwar Das Resident Of Village- Mirachak, P.S- Sahebpur Kamal, District- Begusarai. 4. Amit Das S/O Baleshwar Das Resident Of Village- Mirachak, P.S- Sahebpur Kamal, District- Begusarai. 5. Achhelal Das S/O Late Tanik Das Resident Of Village- Mirachak, P.S- Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Suresh Das S/O Late Niras Das Resident Of Village- Murachak, P.S- Sahebpur, Distric- Begusarai. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amish Kumar, Advocate. For the Opposite Party/s : Mr.J. K. Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 21-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 19.1.2011 passed in S.T. No.782 of 2010 by the learned Additional Sessions Judge, F.T.C. No. III, Begusarai by which the court below has refused to delete the offences punishable under [STATUTE] . As per the First Information Report allegation has Patna High Court Cr.Misc. No.9022 of 2011 (2) dt.21-06-2012 been made for abusing the informant and his family members and there is further allegation that the informant was assaulted by axe by Amrit Das on his head. There is further allegation that that Raj Kumar Das also assaulted the nephew of the informant with knife. Learned counsel for the petitioners submits that this incident has led to filing of another case i.e. Sahebpur Kamal P.S. Case No.192 of 2009 for the offences punishable under [STATUTE] . The charge sheet was submitted and the court below has taken cognizance. At the stage of framing of the charge an application was filed that no case under [STATUTE] is made out and as such that charge should be deleted. Learned court below after hearing both sides has examined the statement made in the First Information Report and nature of the injuries sustained and refused to delete [STATUTE] . Having considered the arguments of the parties, I do not find any error in the impugned order. Accordingly this application is dismissed. However, the petitioner will be at liberty to raise all the points before the court below at the Patna High Court Cr.Misc. No.9022 of 2011 (2) dt.21-06-2012 appropriate state. Vinay/- (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.