IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.703 of 2006 SURESH MODI & ORS Versus THE STATE OF BIHAR & ANR ----------- 4. 26.8.2008. This Cr. Revision has been filed against the order dated 22.7.2006 passed by Sri B. N. Prasad, Additional District & Sessions Judge, F.T.C., IV, Munger in Sessions Case No. 93 of 2006 thereby the petition filed under Section 228 Cr.P.C. to send back the record to the Court of CJM for magisterial trial has been rejected. Heard learned counsel for the petitioners. No one appears on behalf of opposite party in spite of valid service of notice. The only grievance of the petitioner is that Section 307 I.P.C. is not applicable in this case. The injuries said to be inflicted by the accused persons on the person of the victim were found simple in nature and were also not on vital part of the body. In support of it, annexure-2 has been filed. Considered the submission of learned counsel for the petitioners and perused the impugned order as well as annexure-2. On perusal of annexure-2 it appears that victim Permila Devi received only two injuries one on - 2 - the left eyebrow and the other on forearm of left hand. Both the injuries were simple in nature caused by hard and blunt substance. None of the injuries was found on vital part of the victim lady. Under the facts and circumstances, it is quite apparent that Section 307 I.P.C. is not applicable in this case. The injury report does not justify the framing of charge under Section 307 I.P.C. So far other sections of I.P.C. is concerned, they are triable by the court of magistrate. Only Section 307 is triable by the Chief Judicial Magistrate. In the result, this Cr. Revision is allowed. Court below is directed to transfer the case Under Section 228(i)(a) of the Cr.P.C. to the court of Chief Judicial Magistrate for trial and disposal of the case in accordance with law. kanchan (Ghanshyam Prasad, J.)