1 Kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. CRIMINAL WRIT PETITION NO.193/2009 Kishor Chandrakant Kharade. ....Petitioner V/s The State of Maharashtra. ....Respondent ............. Mr.Kedar J. Patil, Advocate for the Petitioner. Mr.Rajesh More, APP for the State. ............. CORAM : A.S.OKA, J. Dated :- 08th May, 2009 PC :- 1 Rule. 2 The learned APP waives service for the State of Maharashtra. Taken up for hearing. 3 The only grievance made in this petition is that the charge for an offence under Section 324 of the Indian Penal Code could not have been framed as against the Petitioner. Initially the charge was framed for an offence punishable under Section 323 of the Indian Penal Code apart from other offences. By the order dated 08.07.2008 the learned Magistrate directed that the charge be framed against the Petitioner under Sections 148, 324, 504, 506 read with 149 of the Indian Penal Code. The learned Magistrate observed that as per the case of the prosecution an iron rod has been used by the accused. Thereafter, an application was made by the Petitioner for altering the charge which has been rejected. Revision application preferred against the said order was held as not maintainable. 4 It is not in dispute that the injury is a simple injury. Perusal of the material on record does not show that the assault was made by the Petitioner by using an iron rod and assault appears to have been made by hands. The allegation made by the injured is 2 that the co-accused Kamlakar allegedly used an iron rod. 5 Hence, the petition is disposed of by passing the following order:- The charge under Section 324 of the Indian Penal Code is not attracted against the Petitioner. Therefore, the learned Magistrate is directed to make a consequential amendment to the charge. JUDGE