IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33749 of 2008 Indra Shekhar Jha @ Indushekhar Jha, son of Late Tripti Narayan Jha, village Thengaha, Ps Sakatpur, Dist. Darbhanga – Petitioner. Vs. 1. The State Of Bihar, 2. Shrawan Kumar Sah, son of Rameshwar Sah, village Jaideo Patti, PS Ghanshyampur, Dist. Darbhanga – Opp. Parties. ----------- 2 12.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order of cognizance, dated 29.8.2007/30.8.2007 passed by the Judicial Magistrate, 1st class, Biraul at Benipur in Ghanshyampur PS Case No. 145/2006. Learned counsel for the petitioner submits that charges have already been framed in this case. It is also submitted that an application has been filed under sub-section (2) of section 320 of the Cr.P.C. with respect to the charges under section 338 of the Penal Code which are compoundable with the permission of the court. Section 338 of the Penal Code is for causing grievous injury to any person by doing an act which is rash or negligent and is likely to endanger human life or personal safety of others. In the present case the petitioner is said to have driven a tractor rashly causing injury to the victim. The victim is ready to compromise matter. Section 279 of the Penal Code deals with rash driving on a public way. The court below will consider whether the offences are compoundable and will take into consideration all the facts and pass an appropriate order expeditiously before moving further with 2 the trial of the case. This application is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J.)