IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2091 OF 2007 CRIMINAL WRIT PETITION NO. 2091 OF 2007 CRIMINAL WRIT PETITION NO. 2091 OF 2007 Yuvraj Swarnjitsingh Chima & anr.... Petitioner versus State of Maharashtra ...... Respondent. Mr. Uday Warunjikar for the petitioner Mr. J.P.Yagnik APP for State. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. CORAM; A.P. DESHPANDE, J. DATED; 3RD MARCH, 2008 DATED; 3RD MARCH, 2008 DATED; 3RD MARCH, 2008 P.C.; P.C.; P.C.; 1. By this petition, the petitioners are seeking quashing of charge sheet in connection with C.R.No.308 of 2007 registered at Yerawada Police Station, Pune for offences punishable under sections 307, 341, 279, 283 read with 34 of IPC. Perusal of the charge sheet reveals that the complainant along with his wife and child was proceeding to his house from Bund Garden Road in a car. The accused allegedly was driving the car in an intoxicated condition and did not permit the complainant to overtake the car. Though ultimately the complainant succeeded in overtaking the car, the accused yet again overtook the car of the complainant and forced the complainant to stop his car. The accused No.1 was possessing a broken glass bottle and he forced the complainant to lower the glass window. The accused no.1 allegedly attempted to hit the broken glass bottle on the neck of the complainant with an intention to commit murder. The complainant could manage to avoid the said hit of the broken bottle. The accused caused other injuries on the face and neck of the complainant and hence charge sheet under section 307 has been filed. 2. The learned counsel for the petitioner/accused submits that on the own showing by the prosecution if the accused were in a state of intoxication, they would neither have any knowledge about the commission of offence nor would any intention be attributed to them. The submission is that the framing of charge sheet under section 307 IPC is with a view to aggravate an offence. At this stage it will not be possible to form any opinion as to whether did the accused had an intention or knowledge for commission of an offence under section 307 of IPC. Intention or knowledge can be gathered after the evidence is led from the attending circumstances, that are brought on record. The charge at an appropriate stage can be altered as well if no material is coming on record to substantiate the offence under section 307 IPC. In this view of the matter the writ petition stands dismissed. ....