IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31285 of 2010 1. ABID MIAN @ ABID HUSSAIN, SON OF ABDUL MIAN 2. MAJLISH MIAN, SON OF SAFID MIAN 3. SAFIT MIAN, SON OF SONAI MIAN 4. LALO MIAN, SON OF SAFIT MIAN 5. KALAM, SON OF MAJLISH MIAN 6. KHALIFAN MIAN, SON OF TASIL MIAN 7. LALO, SON OF ABID 8. FULO, SON OF ABID 9. SAHID MIAN, SON OF SAFID MIAN ALL RESIDENT OF VILLAGE – GORA, P.S. KUSHESHWAR ASTHAN, DISTT. DARBHANGA ------ PETITIONERS Versus THE STATE OF BIHAR ----------- 2. 01.03.2011 Heard the parties. The petitioners have prayed for quashing the order dated 20.7.2010 passed by the Additional Sessions Judge, Benipur, Darbhanga, in Sessions Trial No. 240 of 2009 by which he has rejected an application under Section 228 Cr. P.C. It has been submitted that there are disparities in the entries in the Fardbeyan, the injury report as also that there is discrepancy in the statements of the witnesses as to how the injured landed himself in the Hospital. The further submission is that all the injuries were simple and, therefore, no offence under Section 307 of the Indian Penal Code is made out. Since the petitioners have assailed the factual aspects of the case which cannot be gone into at this stage as also that it is well known that it is within the powers of the trial court to alter charge if the facts of the case so warrant, I am not inclined 2 to interfere in the matter. The application is dismissed. S.Ali ( Anjana Prakash, J.)