1. This is an application u/ S. 482 of the Code of Criminal Procedure, 1973 (hereinafter called the Code). It is directed against the order dated 25-7-1989 passed by the learned VIIIth Additional Sessions Judge, Rohtas at Sasaram, in Sessions Trial No. 24 of 1988/11 of 1989 refusing to discharge the petitioners for the offence u/Ss.307 read with S.34 of the Penal Code.

2. It appears that opposite party No. 2 had lodged a fardbeyan on 31-8-1987 before the S.I. of police, Sasaram P.S., on the basis of which Sasaram P.S. Case No.453 of 1987 under Ss. 341,324 read with S.34 of the Penal Code was instituted. In this case, it was alleged that petitioner No. 3 had assaulted the father of the informant with fists on his nose. It was further alleged that petitioner No. 2 had aimed a knife blow at the father of the informant hitting him on the wrist of the left hand. The police after investigations submitted charge sheet u/Ss.341, 323, 324, 307/34 of the Penal Code. The learned Magistrate on receiving the charge-sheet and the case diary took cognizance of the offence u/ Ss.341,323, 324 and 307 of the Penal Code by his order dated 6-10-1987. This he did without applying his judicial m