IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3956 of 2008 1. MAHENDRA YADAV S/O Late Chamak Yadav 2. Raj Kumar Yadav, S/O Late Chamak Yadav Both are residents of Village- Sangrampur,P.S.Chanan District-Lakhisarai --------- Petitioners Versus THE STATE OF BIHAR --------------- Opp.Party ----------- 2 10-02-2009 Heard Mr. Jai Prakash Singh, the learned counsel for the petitioners who have been specifically named in the F.I.R. as accused of Lakhisarai P.S. Case No.363 of 2004 and have prayed for the quashing of the order dated 2.1.2008 passed in Sessions Trial No.535 of 2007 by the learned Presiding Judge, F.T.C.V, Lakhisarai, whereby he has dismissed the petition of the petitioners filed under Section 228 Cr.P.C. to the extent that no offence under Section 307 I.P.C. is made out. One Ganauri Prasad submitted his written report on 4.12.2004 to the Officer Incharge , Chanan ( Lakhisarai) P.S. alleging commission of offences under Section 323,324,307,504/34 I.P.C. It is alleged that on that date at around 10 .00 A.M. while he was sitting in the sun in front of his Darwaja, suddenly the two petitioners armed with Tangi and Farsa arrived and commanded the informant to withdraw his case, failing which he would have to face dire consequences . When the informant refused to withdraw his case, the petitioner Mahendra Yadav with the blunt end of the Tangi assaulted the informant on his chest, as a result whereof he fell down on the ground whereupon Raj Kumar Yadav with intention to kill him dealt a blow with Farsa on his neck but as the informant raised his leg to avoid the blow on the neck, his leg was cut . It is also alleged that when the younger brother of the informant Suresh Yadav came to his rescue he too was assaulted with pelting - 2 - stones and bricks, as a result whereof he and co-villagers Rabindra Yadav, Sato Yadav besides his wife , Bhabho and mother also sustained injuries when they came to rescue the informant. It has been submitted by the learned counsel for the petitioners that there is no semblance of any injury on the body of the informant and the only injury on his body was sharp-cutting injury on the left leg. It has also been submitted that none of the witnesses examined under Section 161 Cr.P.C. have stated any overtact being committed by the petitioners but a chargesheet under Sections 323,324,307,504/34 I.P.S was submitted by the police against both the F.I.R. named accused and on the basis thereof cognizance of the offences was taken by the A.C.J.M., Lakhisarai and subsequently the case was committed to the court of Sessions. The learned Magistrate on perusal of the case diary has found sufficient materials available therein for constituting an offence under Section 307 I.P.C. read with other minor provisions of the Penal Code and has, accordingly, directed the petitioners to be physically present in the court on the next date . I find no merit in this application which is accordingly dismissed. ( Abhijit Sinha, J ) NKS/-