Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29510 of 2009 ====================================================== Shashi Ranjan Kumar @ Sheo Kumar @ Shiku Kumar & Anr .... .... Petitioners Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 23-04-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. This application has been filed for quashing the order dated 17.7.2009 passed in Session Trial No. 12 of 2009/ 147of 2009 by the court of 1st Additional Sessions Judge, Gaya whereby the learned Additional Sessions Judge dismissed the petition under Section 228 Cr. P. C. to remit the record to the court of C.J.M., Gaya. The learned counsel for the petitioners submits that no offence under [STATUTE] . is made out on perusal of case diary and rest of offences under [STATUTE] . are not exclusively triable by the court of Sessions but the learned Additional Sessions Judge illegally dismissed the application of accused petitioners filed under Section 228 Cr. P.C. On going through the impugned order, it appears that the learned Additional Sessions Judge on perusal of the materials available in the case diary arrived at conclusion that there is sufficient material to frame the Patna High Court Cr.Misc. No.29510 of 2009 (5) dt.23-04-2012 2 / 2 2 charge under [STATUTE] . As such I do not find any illegality. Accordingly, this application stands dismissed. Sudha/- (Rajendra Kumar Mishra, 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.