IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28761 of 2009 NAWAL KISHORE PRASAD SON OF LATE GAURI SHANKAR SAH RESIDENT OF VILLAGE KARAMUA SAH TOLA, P.S. MAJHAULIA, DISTRICT WEST CHAMPARAN Versus 1. THE STATE OF BIHAR. 2. RAJA RAM SAH 3. MAHENDRA SAH. 4. HEERA SAH 5. YOGENDRA SAH ALL SONS OF MANGNI SAH 6. MOHAN SAH 7. SUDIST SAH 8. MANOJ SAH ALL SON OF RAJA RAM SAH 9. UDAY SHANKAR SAH SON OF LATE RAM BELAS SAH 10. RAKESH PRASAD SON OF UDAY SHANKAR SAH 11. GOPAL SAH SON OF MAHENDRA SAH 12. DILIP SAH SON OF MAHENDRA SAH 13. SUNIL SAH SON OF YOGENDRA SAH 14. ANIL SAH SON OF YOGENDRA SAH 15. NOOR MOHAMMAD MIYAN SON OF CHIRKUT MIYAN ALL RESIDENTS OF VILLAGE KARAMWA, SAH TOLA, P.S. MAJHAULIA, DISTRICT WEST CHAMPARAN. ---------------------------------- For the Petitioner: Mr. S.N. Pd. Sinha Mr. J.N. Sinha, Advocate Mr. Mukesh Kr. For the State: Mr. Matloob Rab, A.P.P. 2 20-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. This petition has been preferred under Section- 482 of the Cr.P.C. against the order dated 30-05-2009 passed by Sri U.C. Srivastava, learned Additional Sessions Judge-II, West Champaran, Bettiah in Sessions Trial No. 440 of 2008 whereby and whereunder, he allowed the petition dated 07-04-2009 filed under Section- 228(1-a) of the Cr.P.C. and remanded the case of opposite party Nos. 2 to 15 to learned Additional Chief 2 Judicial Magistrate, Bettiah for trial. The petitioner lodged Manjhaulia P.S. Case No. 232 of 2005 for the offence under Section-307 & other minor sections of the Indian Penal Code against Opposite Party Nos. 2 to 15. In the aforesaid case, the police submitted charge sheet and subsequently, cognizance was taken and the case of opposite party Nos. 2 to 15 was committed to the court of Sessions. Before framing of the charge, a petition was filed on behalf of the defence under Section-228 of the Cr.P.C. mentioning this fact that no case under Section-307 of the Indian Penal Code is made out. The learned Additional Sessions Judge, having considered the materials available in the case diary, passed the impugned order against which, this petition has been filed. It would appear from perusal of the impugned order that altogether 11 persons sustained injuries in the alleged occurrence and out of the aforesaid injured persons, only one injured, namely, Idrish Mian sustained one grievous injury i.e. too on mid-finger of his right hand. It would further appear that no sharp cutting or pointed weapons were used in the alleged occurrence rather almost all the injured sustained injury by hard and blunt substances. Therefore, in my view, it would not be appropriate to make any comment at least, at this stage as to whether Section-307 of the Indian Penal Code is made 3 out or not but I am of the opinion that the learned Additional Sessions Judge has rightly sent back the case of the opposite party Nos. 2 to 15 to the court of Chief Judicial Magistrate, Bettiah for trial. On the basis of aforesaid discussions, this petition is dismissed at the stage of admission stage itself. However, it is made clear that if in course of trial, learned trial court finds ingredients of Section-307 of the Indian Penal Code or any other offence which is triable by the court of Sessions, the learned trial court may exercise its power vested under the provisions of Criminal Procedure Code. AKV/- ( Hemant Kumar Srivastava,J.)