HIGH COURT OF CHHATTISGARH AT BILASPUR CRM P No 33/2011 (1) (2). r Nas1m ahs Babbu S/o Sahm Shah Aged about — 28 years I Ben Bahadur Slngh Ahs Munna Smgh S/o Rohlt aged about 45 years Sahm Shah S/o Chlrag Ah Shah Aged about 45 years All R/o Village- Janakpur Pohce Statlon- Janakpur Dlstt Korea (C G ) (3) VERSUS RESPONDENT State of Chhathsgarh Throw Pollce Statlon Janakpur Dlstt Korea (C G ) CRIMINAL MISCELLANEOUS PETITION UNDER SECTION 482 OF HE CODE OF CRIMINAL PROCEDURE. . (SB :Hon’ble Mr. T.P.Sharma, J') Present:- Ms Usha Chandrakar Advocate for the petmoners Ms Sumta Jam P L for the State/respondent . [.ORAL- ORDER .‘ (Passed on 27/01/2011) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) petitioners ha challenged te legaht and proety the order ded 18/11201 aed b ir diional SSSons ug anagar Dict orea in sess10ns al N 55/010 whereb Thir Adional Se10ns uge ), anenra Dstric orea as red the charge or he ofce pnisble uder Secion 7 read with A er cae of rosecuio on 22010 n sharing comon intenlo ener hve au ju b ro to cmplana Durg hankar Mhra and theb cse acered o o 13 X 1/2 the bs1 of meial cllcted alf of he pn ur h arge f e e unshable under Secon 7 read it eci 34 the Inan Penal Cod M h Cndrakar, lrne ons r the etitioners 85 Ms. ’ uita Jain, P.L. te Sta/resndet are hear. f t fen uha n t 30 Section of the Penal oe ast the peiioer s p s the ptn 22// i m tn ptitios a csed inry y d oint a S is rey aud lat wund f CM On as atr oe on beh t rosecutio Cot below has framed te ch or th offenc pi ti 30 Wh Ston of di e s. Usa ha ead cuel fo p Sn for h tepon d PETITIONERS ve h y prl of at /0 pss y Thd Adt ei Jde FTC ), Mendrh istr K tri o 2 y d dti ss Jd (F T C Mdagrh it K h fam 34 Indian Cd gain ttns Learned counsel for the petitioners submité that injury was simple 'in nature therefore by framing charge for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code Court below has cornmltted grave illegality and by committed such illegality Virtually, Court has denied the right to file appeal against such final deCiSion On the other hand, learned counsel for the State/respondent opposed the petition and submits that Court below has framed the charge on the basis of material collected on behalf of the prosecution and has not committed any illegality. Order impugned is revisable under the law' therefore, even on the ground of alternate remedy petition under Section 482 of the Code is not maintainabl ‘Order impugned 85 copy of Charge sheet perused.‘ As per copy of charge sheet with intent to cOmmit murder of complainant, petitioners have caused injury by dangerous weapon i.e-. rod upon’ the head of complainant dimension of lacerated wound of 13 x V2 C M and clotted blood was present below such injury coupled w1th other inJuries over back ConSidering the dimension of injury and other material collected ’on behalf of the prosecution, I do not find any illegality in framing charge against the petitioners for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. Definitely, petitioners are having alternate remedy for challenging theK same before the Revisional Court. For the foregoing reasons, petition is liable to be dismissed and is hereby dismissed. Sdl- T.P. Sharma Judge e.