IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6915 of 2007 BIRENDRA RAM & ORS Versus STATE OF BIHAR ----------- 9 29.8.2008 Heard learned counsel for the petitioners as also the learned counsel for O.P. No. 2, the informant, and the learned A.P.P. for the State. The petitioners have prayed for the quashing of order dated 13.1.2006 passed by the learned Presiding Judge, Fast Track Court No. I, Bhojpur at Ara in Sessions Trial No. 284 of 2005 arising out of Piro P.S. Case No. 110 of 2004, whereby he has rejected the prayer of the petitioners for transmitting the case back to the Chief Judicial Magistrate under the provisions of Section 228 Cr.P.C. since no case exclusively triable by the Court of Sessions was made out against the petitioners. The injuries caused to injured Radhakant Dubey and Sidhnath Dubey are not such as to make out an offence under section 307 I.P.C. At best injury no. 2 caused to Radhakant Dubey would be an offence under section 326 I.P.C. and so far as injured Sidhnath Dubey is concerned although he has sustained two fire arm injures, the same are simple in nature as opined by the attending doctor. In that view of the matter the learned Presiding Judge, First Track Court has apparently erred in rejecting the petition - 2 - of the petitioners for remitting the case back to the learned Chief Judicial Magistrate for trial . In the result the application is allowed and the impugned order dated 13.1.2006 is hereby quashed. The learned Presiding Judge, Fast Track Court No. I, will now take the trouble of remitting back the case to the learned Chief Judicial Magistrate, Bhojpur at Ara under the provisions of section 228 (a)(i) Cr.P.C. Spd/- (Abhijit Sinha, J.)