IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.856 of 2006 JAGLAL SINGH Versus THE STATE OF BIHAR & ORS ----------- 5 27.8.2008 This revision application has been filed against the order dated 10.8.2006 passed by Fast Track court No. IVth, Saran at Chapra in Sessions Trial No.46/2006 thereby the petition filed under Section 228(1) (a) of the Code of Criminal Procedure has been allowed and the case has been transferred to the court of learned Chief Judicial Magistrate, Chapra for trial as the case is not exclusively triable by the court of session. Heard learned counsel for both parties. It is submitted on behalf of the petitioner that in view of allegation contained in the first information report at least the offence under Section 324 of the Indian Penal Code is made out but the court below has not directed to frame the charge under Section324 of the Indian Penal Code. On the other hand, learned counsel for opposite parties submitted that the doctor examined the victim and found both injuries caused by hard and blunt object and simple in nature. Therefore, no offence under Section 324 of the Indian Penal Code is made out. Considered the submission of learned counsel for the parties. Perused the impugned order as well as injury report mentioned in the impugned order. Having regard to the facts and circumstances as well as nature of injuries I am of the view that there is no illegality or - 2 - impropriety in the impugned order warranting interference by this Court. The court below has rightly allowed the petition filed under Section 228(1)(a) of the Code of Criminal Procedure. So far the applicability of Section324 of the Indian Penal Code is concerned, the injury report does not justify the same. This revision application stands rejected accordingly. B.Jha (Ghanshyam Prasad)