IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31251 OF 2008 1. BINDESHWAR RAUT, SON OF LATE RAM RAYAT RAUT 2. DILIP RAUT, SON OF BINDESHWAR RAUT 3. PINKU RAUT, SON OF BINDESHWAR RAUT 4. NIRAJA RAUT, SON OF GUHAN RAUT 5. BHOLA RAUT, SON OF GUHAN RAUT 6. RAJEEV RAUT, SON OF GUHAN RAUT ALL RESIDENT OF VILLAGE NARSANDI, POLICE STTION CHANDI, DISTRICT NALANDA ……………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. TULSI RAUT, SON OF LATE GANGA RAUT, RESIDENT OF VILLAGE NARSANDI, POLICE STTION CHANDI, DISTRICT NALANDA ……………………………………………………………………OPPOSITE PARTIES ********* 2 27/06/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the order dated 21.05.2008 passed in Criminal Revision No. 33 of 2007 by which the 1st Additional Sessions Judge, Hilsa has affirmed the order dated 11.05.2008 passed in Complaint Case No. 278C of 2005 by which the Sub Divisional Judicial Magistrate, Hilsa has framed charges against the petitioners for the offences alleged to have been committed under Sections 147, 323, 448, 325, 380 & 504 of the Indian Penal Code. Learned Counsel for the petitioners submits that at the stage of taking cognizance, the Court below issued summons for facing the trial under Sections 323 & 504 of the Indian Penal Code, and as such, the Sub 2 Divisional Judicial Magistrate, Hilsa has no power to frame charges under Sections 147, 323, 448, 325, 380 & 504 of the Indian Penal Code. It is submitted that whatever materials were available at the time of examination of the complainant and his witnesses at the stage of Section 202 & 203 of the Code of Criminal Procedure, is available for the present, and without leading further evidence, the Court below cannot take into account that the offences would be made out against other sections apart from the sections under which the Court below had already taken cognizance. In my view, the Court below at the stage of framing charges can take into account the evidence on record and if the Court below finds that prima facie a case is made out against the petitioner under other sections, the Court below will have the liberty to frame charges under those sections. In this case, prima facie a case under Sections 147, 323, 448, 325, 380 & 504 of the Indian Penal Code is made out against the petitioners, and as such, I find no reason to interfere with the orders impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)