IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1809 of 2009 ANGAD KUMAR Versus STATE OF BIHAR & ORS ----------- 2. 2.4.2010 Heard Shri Manish Chandra Gandhi, learned counsel on the petition who seeks quashing of the order passed by the learned Sessions Judge, Vaishali at Hajipur, in Cr. Revision No. 107 of 2008 by which he refused the prayer to give a direction to the Magistrate in G.R. case No. 3607 of 2003, Tr. No.1170 of 2008 to commit the case to the court of Sessions under Section 323 of the Cr. P.C. The facts of the case lie in a very very narrow compass. The accused persons were sowing some seeds in a field which was objected to by the informant who was driven out by show of criminal force and during that course he alleged of being hit by pellet along with P.W. Anil Kumar singh. The informant was hit below his knee joint while P.w. Anil Kumar Singh was hit on his head. It is not stated in the written report as to who was the person who fired the shot. During the course of trial some witnesses were examined and those witnesses stated the names of different persons. It appears, the Doctor who examined the injured found that injuries were caused to the injured with hard and blunt substance. The Medical Board also approved of the opinion given by the Doctor. The evidence of the witnesses does indicate that some names were taken as to who fired the shots but in 2 view of the opinion of the Doctor which was approved by the opinion of the Medical Board as also considering the findings recorded by the learned Sessions Judge, this Court does not want to interfere with the impugned order. The other reason for which this petition could be dismissed is that refusing to frame a charge or refusing to commit the case for its trial may also amount to an order of discharge in favour of the accused persons and, as such, the order could be questioned under Section 398 of the Cr. P.C. and not under Section 482 of the Cr. P.C. The petition is dismissed on account of the above grounds. Kanth ( Dharnidhar Jha, J.)