Crl. Misc. No.M-30717 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-30717 of 2011 Date of Decision: October 12, 2011 Vijay Singh and another …..Petitioners Vs. State of Haryana …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.K.S. Dhaliwal, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) Petitioners are facing trial in FIR No.297 dated August 21, 2007 registered at Police Station Shahbad, District Kurukshetra. Challan in the said case was presented under Section 323, 324 IPC by the police but the charge was framed under Section 326 IPC. An application for alteration of charge was dismissed by the trial Court, inter-alia, on the ground that amendment will tentamount to review of the order. The said opinion appears to be patently improper. Crl. Misc. No.M-30717 of 2011 [2] Counsel for the petitioners has submitted that the opinion of the medical Board is annexure P-4 and the injury on the person of victim Jag Ram was unlikely to be grievous injury, has been ignored and the opinion of Dr. Manjit Singh has been considered. Said report even does not indicate that the grievous injury could have been attributed to the petitioners as the said doctor has reported that the possibility of the injury by self-infliction/ friendly hand could not be ruled out. The learned Additional Sessions Judge vide order dated July 8, 2011 has observed that no prejudice, in any manner, has been caused to the petitioner and that it cannot be said that there is any illegality or infirmity in framing of charge under Section 326 IPC by the trial Court. After hearing counsel for the petitioners, this Court is of the opinion that on the basis of appreciation of medical board and ocular evidence available on the record, the Court has to form an opinion whether offence under Section 326 IPC is made out against the petitioners or not. It will be premature at this stage to examine the documentary evidence available on the record. This petition is disposed of as premature at this stage with an observation that after the recording of the medical evidence it will be open to the petitioners to file an application under Section 216 Cr.P.C. for alteration of charge in case there is any prima facie clear evidence available on the record that no grievous injury has been received by victim Jag Ram. In case an application is filed under Section 216 Cr.P.C., after recording of Crl. Misc. No.M-30717 of 2011 [3] the medical evidence, the same will be decided by the trial Court by passing a speaking order. October 12, 2011 (M.M.S.BEDI) sanjay JUDGE