IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24792 OF 2007 MD. SAHIN ADIL, SON OF MD. ATHAR ANSARI, RESIDENT OF VILLAGE BERBAS, POLICE STATION DUMRA, DISTRICT SITAMARHI VERSUS THE STATE OF BIHAR ******** 5 07/07/2009 Heard learned Counsel for the petitioner and the Counsel appearing on behalf of the State. This application has been filed against the order dated 23.03.2007 passed by the Additional Sessions Judge, Fast Track Court No. III, Sitamarhi and order dated 25.01.2007 passed by the Judicial Magistrate 1st Class, Sitamarhi by which they have rejected the applications filed on behalf of the petitioner to delete Section 307 of the Indian Penal Code from the charges levelled against him. The prosecution case, in short, is that the informant was assaulted, dragged in the field and given lathi blows on the head. Learned Counsel for the petitioner submits that the doctor has not been examined in this case and as such in the absence of his evidence, it cannot be said that injuries were of such a nature as to attract the ingredients of Section 307 of the Indian Penal Code. Besides which, I find that the evidence has started in this case and the witnesses are being examined. The - 2 - occurrence relates to the year 1998. In the circumstances, I am not inclined to interfere with the orders impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )