IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13807 of 2008 Md.Nizamuddin @ Nazamuddin…………..Petitioner Versus The State Of Bihar & Ors ---------------------------------- 04. 15.09.2011 This is an application for quashing the order dated 22.01.2008 passed by the learned 09th Additional Sessions Judge, Chapra in Sessions Trial No.334 of 2007 arising out of Khaira P. S. Case No.220 of 2006, whereby the application filed on behalf of the Opposite Party Nos. 2 to 5 under Section 228 of the Cr. P.C. has been allowed and the case filed by the petitioner has been sent back to the C.J.M., Saran for disposal. Heard learned counsel for the petitioner and learned counsel for the State. Informant, his sons and nephew are assaulted in the incident, iron rod is said used in the incident. Injuries are said caused with intention to kill. Case was committed for Sessions Trial. A petition under Section 228 of the Cr. P. C. was filed to the effect that no offence under Section 307 of the I.P.C. was made out. So, case was sent back to the Court of Chief Judicial Magistrate. One of the injuries on finger only has been found fractured, rest is simple. Submission of learned counsel for the petitioner is that nature of the injury is not only relevant to conclude the intention for the quarrel, matter was trivial that accused persons’ bicycle was pushed by informant’s nephew that resulted in quarrel. In that continuation his nephew, his 2 sons were assaulted and iron rod also is used that is considered by the learned Sessions Judge also and has rightly been observed that no case under Section 307 of the I.P.C. made out. Finding no illegality in passing the order by learned Judge. Accordingly, this quashing application is hereby dismissed. Vikash (Mandhata Singh, J.)