IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51529 of 2008 Ramadhar Prasad, Son of Vishun Rai, resident of village, Churiharwa, Police Station- Chiraiya, dist- East Champaran, at Motihari. ……………………………………….Petitioner 1 State of Bihar 2 Satyadeo Rai, Son of Lal Babu Rai 3 Sajawal Rai 4 Chandeshwar Raiboth sons of Mahendra Rai 5 Ramchandra Rai, son of Fekan Rai. 6 Triloki Rai 7 Chandrika Rai 8 Yogi Rai 9 Siyaram Rai 10 Baiju Rai, son of Jangi Rai 11 Devilal Rai, son of Triloki Rai 12 Hiralal Rai, son of Chandrika Rai 13 Ajay Rai 14 Vinod Rai both sons of Yogi Rai 15 Parasnath Rai, son of Vishwanath Rai, all residents of village Churiharwa, police Station- Chiraiya, Dist- East Champaran at Motihari. …………………………………..Opposite Parties For the petitioner--- Mr. Hemendra Prasad Singh For the State --- Mr. Jharkhandi Upadhaya 02 08.11.2011 This application, under Section 482, Cr.P.C is directed to quash the order dated 20.10.08 passed by the court of 5th Additional Sessions Judge, East Champaran, at Motihari in Sessions Trial No. 571/08 arising out of Chiraiya P.S.Case No. 08/07 whereby the learned Additional Sessions Judge has remitted the case for trial to the court of Chief Judicial Magistrate arriving at conclusion that prima facie case is 2 made out for the offences under Section 147,148,149,323 and 504 of the Indian Penal Code which are not exclusively triable by the court of Sessions and the offence under Section 307,I.P.C is not attracted in the case. Learned counsel appearing on behalf of the petitioner submits that while the police on investigation had submitted the charge sheet only under Section 147,148,149 and 323 and 504 I.P.C and not for the offence under Section 307 I.P.C but the learned C.J.M, Motihari, took the cognizance of the offence under Section 307 of the I.P.C in addition to offences in aforesaid Sections and thereafter the case was committed to the court of Sessions for trial but the learned Additional Sessions Judge illegally remitted the case to the court of C.J.M arriving that conclusion that Section 307 is not attracted and offence under Sections 147,148,149,323and 504 I.P.C are not exclusively triable by the court of Sessions. It appears that on the basis of the written report of informant Ramadhar Prasad Chiraiya P.S.Case No. 08/07 was instituted under Section 147,148,149,323,504 and 307 I.P.C was against accused O.P.No. 2 to 15. The police on investigation submitted the charge sheet excluding the 3 Section 307 I.P.C but learned C.J.M also took the cognizance of the offence under Section 147,148,149, 504 I.P.C and 307 I.P.C also and the case was committed to the court of Sessions and record was transferred for disposal, to the court of 5th Additional Sessions Judge East Champaran, Motihari. The learned Additional Sessions Judge on hearing the prosecution and the accused under Section 228 I.P.C arrived at conclusion that from the report Section 307 I.P.C is not attracted and prima facie case is made out only for offences under Sections 147,148,149,323 and 504 I.P.C which are not exclusively triable by the court of Sessions. As such, I do not find any illegality in the impugned order for interference in inherent jurisdiction. Accordingly this application is dismissed. Namita ( Rajendra Kumar Mishra, J.)