IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35912 of 2009 MUKESH SAHNI S/O JAILAL SAHNI VILL-PANAPUR,P.S-MINAPUR,DISTT-MUZAFFARPUR – petitioner. Versus THE STATE OF BIHAR ----------- 2 23.12.2009 Heard the parties. This application has been filed for quashing the order, dated 7.9.2009 passed in by the Additional Sessions Judge, FTCII, Muzaffarpur in S.T. No. 128/2008 by which the petition filed on behalf of the accused petition under section 228 of the Code of criminal Procedure has been rejected. Admittedly there is case and counter case with respect to the same occurrence. Counter case, that is, Minapur PS Case 211/2007 recorded by the elder brother of the petitioner on 7.8.2007 at the hospital and instituted on 17.8.2007 whereas the petitioner has been made accused in Minapur PS Case No. 199/2007. The date of occurrence of both the cases appears to be the same i.e. 6.8.2007. Learned counsel for the petitioner submits that no case is made out under section 307 of the Penal Code so far as petitioner is concerned and the court without considering the fact that there is no medical report to support the fact that the injuries were grievous in nature, has taken cognizance under section 307 of the Penal Code. Besides this, it is also submitted that both the parties have received injuries. The informant has received injury on the head whereas the persons of the petitioner’s side have received injuries on the chest. The points raised on behalf of the petitioner can well be considered at the time of trial of the case as it is well settled that the 2 court has the power to alter the charges at any stage of the case. In the circumstances I do not find any merit in this case. It is accordingly dismissed. haque (Sheema Ali Khan, J.)