IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15492 of 2008 1. Lakshmi Tiwari , Son of Late Sitaram Tiwary 2. Mahanth Paswan Kumar Das, Chela Mahanta Sachhidanand Lal Das alias Pawan Kumar Tiwary Son of Laxmi Tiwari 3. Ram Kishun Tiwary, Son of Lakshmi Tiwary, All residents of Village- Raghopur Balat , Gossain Tola, Police Station – rajnagar, District-Madhubani ---- Petitioners Versus 1. THE STATE OF BIHAR 2. Arjun Mandal, Son of Late Mansoor Mandal, resident of Village- Raghopur Balat , Gossaintola, Police Station- Rajnagar, District- Madhubani ----------- Opp.Parties. ----------- 02 23-06-2010 No one appears on behalf of the petitioner. However, Dr. Maya Nand Jha, learned Addl.Public Prosecutor is present on behalf of the State. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure , have prayed for quashing of the order dated 7.3.2008 passed by the learned Addl. District Judge, Fast Track Court-III, Madhubani, in Sessions Trial No.56 of 2008. By the said order, the learned F.T.C.III has rejected the petition filed on behalf of the petitioners under Section 228 of the Code of Criminal Procedure for remitting back the case to the court of the learned Magistrate on the ground that no case is made out for the offence under Section 307 of the Indian Penal Code. On perusal of the record, it transpires that an F.I.R. vide Raj Nagar P.S. Case No.198 of 2006 was registered against three petitioners for the offences under Sections 341,324,307, 379 and 34 of the Indian Penal Code. The F.I.R. was lodged on the basis of fardbeyan of one Arjun Mandal . The fardbeyan of Arjun Mandal was recorded in Sadar 2 Hospital, Madhubani, while he was injured and admitted in the Hospital. From the F.I.R., it appears that there is specific allegation against three petitioners. While the informant was coming on his motorcycle , the three petitioners intercepted him and gave ‘Farsa’ blow on his head. The informant tried to avoid ‘Farsa’ blow by putting his hand and he received first injury in his hand . Second ‘Farsa’ blow caused injury on the head of the informant. It appears that F.I.R. was lodged in the month of December,2006.When the case after commitment came to the stage of commencement of trial, a petition under Section 228 Cr.P.C. was filed on behalf of the petitioners on the plea that offence under Section 307 of the Indian Penal Code is not made out and the case may be remitted back to the court of Magistrate. The learned Fast Track Court No.III after hearing the parties and examining the material available on record by assigning a detailed reason has rejected the petition. I do not find any material on record warranting this Court to exercise inherent jurisdiction in favour of the petitioners. There is no defect in the impugned order. The Court is of the opinion that the petition, which was filed under Section 228 of the Code of Criminal Procedure, was filed only with an object to delay the commencement of the trial. Accordingly, the petition stands rejected. Let a copy of this order be sent to the court below forthwith. NKS/- ( Rakesh Kumar, J )