IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13230 of 2010 1. KRISHNA DEO YADAV SON OF SRI RAMDEO YADAV 2. AKHILESH YADAV SON OF SRI KRISHNA DEO YADAV 3. ANAND YADAV SON OF SRI KRISHNA DEO YADAV 4. RAJESH YADAV SON OF SRI RAMDEO YADAV 5. NILU DEVI WIFE OF SRI KRISHNA DEO YADAV 6. KAMLA DEVI WIFE OF SRI RAJESH YADAV 7. SUSHILA DEVI WIFE OF SRI KRISHNA DEO YADAV, ALL RESIDENT OF VILLAGE KATARI, POLICE STATION CHANDAUTI, DISTRICT GAYA …. PETITIONERS Versus 1. THE STATE OF BIHAR 2. BHOLA YADAV SON OF RAMRATAN YADAV, RESIDENT OF VILLAGE KATARI, POLICE STATION CHANDAUTI, DISTRICT GAYA ….. OPPOSITE PARTIES ----------- 2. 13.12.2010 The petitioners have sought quashing of the order dated 17.2.2010 passed by the Additional Sessions Judge IVth, Gaya in Criminal Revision No.112 of 2009/ 5 of 2010, by which he has set aside the order dated 24.8.2009 passed by the Judicial Magistrate, 2nd class, Gaya in Tr. No.46 of 2009. From the facts of the case, it appears that at the stage of Section 313 Cr.P.C. in a summons case charge was sought to be altered. The submission of the Counsel for the petitioners is that since it was a summons case there was no question of alteration of any charge. Considering the merits of the case, the application is allowed and the order dated 17.2.2010 passed by the Additional Sessions Judge IVth, Gaya in Criminal Revision No.112 of 2009/ 5 of 2010 is hereby set aside. Narendra/ ( Anjana Prakash, J. )