IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44677 of 2008 1. Sk Habib, son of Late Sk Majid, 2. Sk Jabbar, son of Sk Sabbir, 3. Sk Ejhar, son of Sk Sabbir, 4. Sk Rafik, son of Sk. Habib, 5. Sk Mansoor @ Sk Manjoor, son of Sk Habib, all of village Khanpur, PS Pirpainti, district Bhagalpur – petitioner. Vs. The State of Bihar. 2 23.12.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application have been filed for quashing the order, dated 4.9.2008 passed by the Additional District Judge, FTC V, Bhagalpur in S.T. No. 143/2007 by which the court below has refused to discharge the petitioners for the offence under section 307 of the Penal Code. Learned counsel for the petitioners submits that the dispute took place due to minor incident and till today there is no medical evidence to support the case that the injury was grievous in nature. It is also submitted that there was no repetition of the assault and as such no offence under section 307 of the Penal Code is made out against the petitioners. The court below while considering the petition for discharge has referred to the CT Scan, but has not indicated whether in fact the report has been received during investigation and is part of the case diary. All these aspects ought to have been considered at the time of framing of the charge. It goes without saying that the court has the power to alter the charges at any stage before the judgment is 2 delivered. In view of the aforesaid facts, I do not find any merit in this application. It is dismissed. haque (Sheema Ali Khan, J.)