IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44191 of 2008 GUNDESHWARI YADAV S/O LATE BHOLA PRASAD YADAV R/O VILLAGE- BHATSARA, P.S.- BARHARA, KOTHI, DISTRICT- PURNEA ………….Petitioner Versus 1. THE STATE OF BIHAR 2. UMESH YADAV 3. JAI KUMAR YADAV 4. ASHOK KUMAR YADAV 5. ALL S/O LATE PRITHWI YADAV 6. ARUN YADAV S/O UMESH YADAV ALL R/O VILLAGE- BHATSARA, P.S.- BARHARA KOTHI, DISTRICT- PURNEA …………..Opposite Parties ----------- 4. 17.05.2011 Heard the parties. The petitioner has sought quashing of the order dated 31.7.2008 passed by Sessions Judge, Purnea in S.T. No. 720 of 2007, by which he has allowed an application under Section 228 Cr.P.C. and remitted the matter back to the Chief Judicial Magistrate, Purnea. It has been submitted that the Sessions Judge, Purnea has committed a serious error of record in holding that there was no repetition of assault whereas the accused has repeatedly assaulted the injured who was hospitalized for about a month with serious head injuries. At this stage this court is not inclined to pass any order as to whether an offence under Section 307 I.P.C. is made out but Chief Judicial 2 Magistrate, Purnea will consider as to whether in the facts of the case an offence under Section 307 is made out and pass appropriate orders without being prejudiced by the order of the Sessions Judge in Sessions Trial No. 720 of 2007. With these observations, the application is disposed off. Fahad. ( Anjana Prakash, J.)