IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11830 of 2008 1. Ram Swarth Sah, Son of Roop Narayan Sah. 2. Nagendra Sah, Son of Maheshwar Sah. 3. Surendra Sah, Son of Maheshwar Sah. 4. Maheshwar Sah, Son of Munnilal Sah. 5. Rajesh Sah, Son of Ram Swarth Sah. 6. Kewla Devi, Wife of Maheshwar Sah. All residents of Village- Bhutahi, P.S. Sonbarsa, District-Sitamarhi. ....................Petitioners. Versus THE STATE OF BIHAR...................................Opposite Party. ----------- 2. 30.04.2010. No one appears for the petitioners. However, the State is represented by Mr. Madhura Nand Jha. The present application has been filed for quashing the order dated 16.02.2008 passed by the learned Additional District Judge, Fast Track Court No. VII, Sitamarhi, in Sessions Trial No. 89 of 2006 whereby the application of the petitioners under Section 228(1)(a) of the Code of Criminal Procedure has been rejected. From perusal of the impugned order, it appears that the application was filed only for discharge of the petitioners under Section 307 of the Indian Penal Code because rests of the offences are triable by the learned Magistrate. In the discharge application the ground was only taken that the injuries are not 2 corresponding to the allegations made in the First Information Report. For constituting an offence under Section 307 of the Indian Penal Code there is no precondition that injury must be caused. Hence, I do not find any illegality in the impugned order. The application is dismissed. U.K. (Dinesh Kumar Singh,J)