HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.9065 OF 2010 DATE: 09.09.2010 BETWEEN: Ahsan Mirza .. Petitioner And The State of A.P. and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.9065 OF 2010 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the order dated 07.06.2010 passed by the I Additional Chief Metropolitan Magistrate, Hyderabad in Crl.M.P.No.1039 of 2010 in C.C.No.28 of 2010. I have heard the learned counsel for the petitioner and the learned Public Prosecutor for the State. The police filed the charge sheet before the learned trial court alleging commission of offence punishable under Section 324 IPC by the petitioner. The allegations leveled against him is that he fisted PW.2 on his face and caused bleeding injury near left eye. Initially, the learned trial Court took cognizance of the offence under Section 323 IPC. It appears that the prosecution filed a petition to alter the section of law from Sec. 323 IPC to Section 324 IPC. The learned Magistrate after hearing both sides expressed the view that Section 216 Cr.P.C. empowers the court to alter or add any charge at any time before pronouncement of judgment and that police initially mentioned in the charge sheet that the petitioner committed an offence punishable under Section 324 IPC and that “bodily hurt may be inflicted by means of fisting, the use of which generally indicates great malignity. A blow with the fist may cause as much pain and produce as lasting an injury as laceration with a knife or branding with a hot iron.” Arriving at the said opinion, the learned magistrate altered the charge to one under Section 324 IPC. The order passed by the learned Magistrate is the result of total ignorance of the ingredients of Section 324 IPC and having specifically mentioned in the order that the injury was caused by means of fisting and knowing fully well no weapon of offence was used, the learned trial Court altered the charge to one under Section 324 IPC. The approach adopted by the learned Magistrate is in utter ignorance of law, the order cannot be sustained and is liable to be quashed. For the foregoing reasons, the order dated 07.06.2010 passed by the I Additional Chief Metropolitan Magistrate, Hyderabad in Crl.M.P.No.1039 of 2010 in C.C.No.28 of 2010 is quashed. The criminal petition is allowed. _______________ R.KANTHA RAO,J Dated: 09.09.2010 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.9065 OF 2010 DATE: 09.09.2010