IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25364 OF 2007 1. MAZHRAUL ISLAM, SON OF LATIFUL ISLAM, RESIDENT OF SITALPUR 2. MD. MINHAJ ALAM, SON OF SAMSUDDIN ALI, RESIDENT OF MAULANAPUR 3. SHAMBHU DAS, SON OF JOGEN DAS, RESIDENT OF RAS CHOWK 4. MD. JAMIL AKHTER, SON OF MASIRUDDIN, RESIDENT OF MAULANAPUR 5. MD. KHURSHEED ALAM, SON OF AJIMUDDIN, RESIDENT OF MAULANPUR 6. GOPAL SINGH, SON OF SHEOPUJAN SINGH, RESIDENT OF BARSOI BAZAR 7. DULARCHANDRA BASAK @ DULAL, SON OF GREECE, RESIDENT OF RAS CHOWK 8. MD. RAFIQUE, SON OF KHUDA BUX, RESIDENT OF MANIHARI 9. MD. SAUKAT HUSSAIN @ MD. SHAUKAT ALI, SON OF MD. HUSSAIN, RESIDENT OF KHADIKADI CHOWKI 10. RUSTOM ALI @ MD. RUSTOM, SON OF USMAN, RESIDENT OF VILLAGE ABDALTOLI 11. MD. SAMRUL, SON OF MOHIB, RESIDENT OF MAULANAPUR 12. TOPEN KUMAR DAS, SON OF SATISH CHANDRA DAS, RESIDENT OF RAGHUNATHPUR 13. MD. MERAJ ALAM, SON OF SITRAB ALI, RESIDENT OF MAULANAPUR 14. ABDUL HAI, SON OF SHAMSUL HAQUE, RESIDENT OF MAULANAPUR 15. MD. SHAH ALAM, SON OF NAJAMUDDIN, RESIDENT OF MAULANAPUR 16. MD. KHALILUR RAHMAN, SON OF BASIRUDDIN, RESIDENT OF MAULANAPUR 17. RAJIUDDIN, SON OF JAMA BADRA, RESIDENT OF RAGHUNATHPUR 18. MUNSI DARGI, SON OF HASMAT ALI, RESIDENT OF ABDAL TOLI 19. KAMRUL, SON OF TAIYAB, RESIDENT OF BARSOI BAZAR 20. NOOR ALAM, SON OF ZAHUR ALAM, RESIDENT OF BARSOI CHUDI PATTI 21. BADRE ALAM, SON OF BASIMUDDIN, RESIDENT OF MAULANAPUR 22. MD. IQBAL ALAM @ IQBAL, SON OF RAJIUDDIN, RESIDENT OF MAULANAPUR 23. SANJIV KUMAR SAHA, SON OF DANESH SAHA, RESIDENT OF DACKAITPUJA 24. HASAMUDDIN, SON OF MATIUR RAHAMAN, RESIDENT OF BARSOI BAZAR 25. MD. JASIMUDDIN, SON OF ZAHIRUDDIN, RESIDENT OF MAULANAPUR 26. MD. ASFAQUE, SON OF HADAYAT, RESIDENT OF MAULANAPUR 27. MD. JUFQUER NENE, SON OF SAJJAD, RESIDENT OF MAULANAPUR 2 28. SUNIL KUMAR SAHA, SON OF RAJAN SAH, RESIDEN T OF BARSOI BAZAR 29. JANARDAN PRASAD, SON OF NANDJI PRASAD, RESIDENT OF BARSOI BAZAR 30. JAI PRAKASH JAIN, SON OF INDRA CHANDRA JAIN, RESIDENT OF RAGHUNATHPUR 31. ZAFAR AHMAD, SON OF LATE MD. YASIN, RESIDENT OF ZAMIRA 32. KALAM, SON OF TAFLUDDIN, RESIDENT OF MANIHARI 33. ANIL KUMAR YADAV, SON OF DIMAL YADAV, RESIDENT OF MAULANAPUR 34. MD. MANSOOR ALAM, SON OF MANNA, RESIDENT OF BARSOI BAZAR 35. MD. ALLAUDDIN, SON OF GULAM RASOOL, RESIDENT OF BARSOI BAZAR 36. SAHNAWAZ, SON OF JAINUDDIN, RESIDENT OF MANIHARI 37. NEEL MOHAN SHARMA, SON OF SADLU SHARMA, RESIDENT OF MAULANAPUR 38. SHEETAL RAJAK, SON OF SHANKER RAJAK, RESIDENT OF BARSOI BAZAR ALL OF POLICE STATION BARSOI, DISTRICT KATIHAR ……………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. AMAR KANT JHA, OFFICER-IN-CHARGE OF BARSOI POLICE STATION, DISTRICT KATIHARI …………………………………………………………………OPPOSITE PARTIES. ****** 11 18/04/2011 The petitioners are aggrieved by the order dated 25.04.2007 passed in Sessions Trial No. 498 of 2005 (Barsoi Police Station Case No. 18 of 2001) by which the Additional Sessions Judge, Fast Track Court No. 3, Katihar has rejected the discharge application of the petitioners. The main claim of the petitioners is that there is an allegation to say that the petitioners have formed an unlawful assembly and had attacked the Police Station, damaged it and also assaulted the S.I. B. P. Singh and one Nurse, causing injury to them. The Court below has referred to paragraph nos. 2 3 and 3 of the case diary to say that there is an allegation that injury was caused to the S.I. B. P. Singh and one Nurse. Counsel for the petitioners submits that the reference of the Court below is not justified in view of the fact that there is no injury report to support the fact that grievous injury was caused to any public servant. It is, therefore, submitted that Section 333 of the Indian Penal Code would not apply in this case. Notices were issued to the informant who was made party in this case, however, nobody appears on behalf of the informant. In the circumstances, I quash the order dated 25.02.2007 and remand the matter back to the Court below i.e. Additional Sessions Judge, Fast Track Court No. 3, Katihar to rehear the petitioners on the point of framing of the charges. Charges are to be framed under the correct sections of the Indian Penal Code. This application is allowed to the extent indicated above. The petitioners are directed to produce a copy of this order before the Additional Sessions Judge, Fast Track Court No. 3, Katihar within a period of two weeks from the date of receipt of a copy of this order. Anand ( Sheema Ali Khan, J. )