IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32281 of 2008 Bijendra Kumar Singh @ Bijendra Kr. Singh @ Birendra Singh, son of Bhrigu Nath Singh, village Choudhary Patti, Tarwara, PS Pachrukhi (GB Nagar), Dist. Siwan. Versus State Of Bihar 2 1.7.2011 Heard the parties. This application has been filed on behalf of the accused-petitioner for quashing the order, dated 19.6.2008 passed by the FTC V, Siwan in S.T. No. 153/2004 on the ground that charge under section 326 of the Penal Code has wrongly been added as no offence has been committed under the aforesaid section. Learned A.P.P. after framing of the charge had filed an application stating therein that an offence under section 326 of the Penal Code was made out against the accused persons as the injury report indicates that the injury caused in the eye of the victim was grievous in nature. Apparently this aspect of the matter was not considered at the time of framing of charge. Counsel for the petitioner, on the other hand, submits that there is no fresh material, all these facts existed at the stage of framing of the charge, and as such the court could not have altered the charges. The question whether fresh charge can be added or not is now well settled in view of the fact that the court has the power on the basis of the evidence to add or delete any charge in a case. I do not think that any prejudice will be caused to the petitioner if it is found while taking the evidence that no charge is 2 made out under section 326 of the Penal Code. Obviously the court will consider this aspect of the matter before passing of the final order. Considering the fact that already a charge has been framed under section 307 of the Penal Code and the case is triable by the Sessions Judge, I further see no reason which would affect the petitioner adversely. The question raised in this court can be considered during the trial after the evidence comes on record, it would be open to the petitioner to show the court that no offence is made out under section 326 of the Penal Code. This application is, thus, disposed of. haque ( Sheema Ali Khan, J.)