IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34280 of 2011 Jay Hari Rajpal, S/o Sukhdeo Bhagat, resident of Mohalla-Nehru Chowk, P.S.-Chapra town, District-Saran at Chapra. ……….Petitioner. Versus 1. The State of Bihar. 2. Ramesh Manjhi, S/o Late Bhagat Manjhi, resident of Mohalla-Nehru Chowk, P.S.-Chapra town, District-Saran at Chapra. ……….Opp. Parties. For the petitioner : Mr. Vijay Kumar, Advocate. Mrs. Rajani Kumari, Advocate For the O.P. : Mr. Ramesh Chandra, A.P.P. ----------- 2 13.10.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The application has been filed for quashing the order dated 23.4.2011 passed by the learned Additional Sessions Judge- 2nd, Saran at Chapra, whereby and whereunder in exercise of powers conferred under Section 228 (i) (a) of the Code of Criminal Procedure, the sessions court has transferred the case for trial to the Magistrate as no offence was found, which could have been exclusively triable by the Court of Sessions. Learned counsel for the petitioner submits that some of the injuries sustained by the victim were grieveous in nature and, as such, ingredient of offence under Section 307 of the Indian Penal Code was attracted. The case was initially registered for the offence under Section 341, 323, 325/34 of the IPC and on conclusion of investigation, charge sheet was submitted under Section 341, 323, 325, 307/34 of the IPC. Accordingly, learned Chief Judicial 2 Magistrate took cognizance of the offence and committed the case to the court of sessions for trial. The Presiding Officer of F.T.C.-V, Saran at Chapra, on consideration of material found that the injured Muni Devi and Vishwajeet Paul had sustained simple injuries whereas injured Jai Hari Rajpal had sustained two injuries which were grieveous in nature but both those injuries were on non-vital part of the body. There was apparently no attempt to commit murder. Thus, considering the materials available on record and noticing the injuries found on the injured, the court below was of the opinion that the case was, prima facie, made out under Sections 341, 323, 325/34 of the IPC and not under Section 307 of the IPC and thus, sent the case back to the Magistrate as the offences were all triable by Magistrate. I find no illegality in the order. Accordingly, the application is dismissed. Sanjeet (Ashwani Kumar Singh, J.)