IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36053 of 2007 SHEO NARAYAN SINGH son of Ram Chandra Singh, resident of village Sakhnauli, P.S. Awtar Nagar, Distt. Saran (Chapra). . . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. Hari Nath Mahto son of late Ramai Mahto. 3. Akhilesh Mahto son of Hari Nath Mahto. 4. Kamlesh Mahto son of Hari Nath Mahto. 5. Anil Mahto son of Raj Ballabh Mahto. 6. Jugul Mahto son of Raj Ballabh Mahto. 7. Lalu Rai son of Baij Nath Rai. All residents of village Sakhnauli, P.S. Awtar Nagar, Distt. Saran. . . . . . . . . Opposite parties. For the Petitioner: Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Satya Prakash, Advocate For the State: Mr. Jharkhandi Upadhyay, A.P.P. ----------- 5/ 17.11.2009 Heard learned counsel for the petitioner and the State. The petitioner has prayed for quashing the order dated 18.05.2007 passed by Additional Sessions Judge, Fast Track Court No.II, Saran at Chapra in Cr. Revision No. 251 of 2005 as well as order dated 24.11.2005 passed by Sri Manoj Kumar, Judicial Magistrate, 1st Class, Chapra in Tr. No. 3370 of 2005, Awtar Nagar P.S. Case no. 114 of 2004. The petitioner submits that police submitted charge sheet under Sections 323, 324, 147, 148, 149 of the Indian Penal Code. A petition was filed on behalf of the informant to permit the investigating officer to submit additional charge-sheet. It appears from the materials on record that there was no prayer on behalf of the Investigating officer for making further investigation in the matter. The petitioner further submits that the superior police officials found that there was sufficient material for bringing the accused under the purview of Section 307 of the Indian Penal Code. - 2 - In my view, the informant may raise the points at the time of framing of charge or even at the subsequent stage that a case under Section 307 of the Indian Penal Code is also made out, which would be decided on its own merit, without being prejudiced. This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)