1 Cri.Appln.No.4170/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4170 OF 2011 Ramesh Mahadeo Bodkhe & ors. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri K.D. Bade Patil, Advocate for applicants Shri N.H. Borade, A.P.P. for respondent ..... CORAM : U.D. SALVI, J. DATED : 16th November, 2011. PER COURT : 1. Heard. Perused application and the annexures therewith. 2. Framing of the charge under Section 324 of the Indian Penal Code, 1860 in the case – S.T.C. No.615/2005, pending before the Judicial Magistrate, First Class, Ahmednagar following an application dated 14.10.2008 moved by the complainant and endorsement of the decision to frame the said charge by the learned Additional Sessions Judge, Ahmednagar in Criminal Revision Application No.124/2009 is questioned in the present application. 2 Cri.Appln.No.4170/2011 3. Mr. K.D. Bade Patil, learned Advocate for the applicants submitted that, there was no material to base the charge under Section 324 of the Indian Penal Code, 1860 and the learned trial Court ought not to have framed this additional charge after rejecting the application of the complainant moved for framing of the charges under Section 307 and 326 in the said case. 4. Perusal of the impugned orders passed by the learned trial Court and the learned Additional Sessions Judge, Ahmednagar reveals that there was material in form of a medical certificate and the statements of the complainant and victim to show that simple injuries were caused as a result of the assault with sticks/ hard and blunt object, and the learned trial Court was justified in framing the said charge under Section 324 of the Indian Penal Code, 1860. In any case, the Criminal Court has a discretion to alter the charge at any time before judgment. In the instant case, the discretion exercised by the learned trial Court is not without any reason and has been judiciously exercised. No merit is, therefore, seen in the present application. The application is, therefore, dismissed. Interim stay is vacated. ( U.D. SALVI, J. ) fmp/cri4170.11