( 1 ) THIS Criminal Misc. (Main) 2679 of 2000 is directed against the judgment and order of the Additional Sessions Judge, who by his order dated 23. 2. 2000, on a revision petition filed by the complainant/witness, refused to exercise his powers and order alteration of charge from Section 325, Indian Penal Code to Section 326 or 307, Indian Penal Code, as prayed for by the petitioners herein.

( 2 ) FROM the record before me, it appears that during the fag end of the trial when the matter was fixed for final arguments, the complainant, who are also witnesses in the case arising out of FIR No. 228/92, Police Station Seelampur, under Section 325/34, Indian Penal Code, had moved an application for amending the charge. It was their case that a perusal of the MLC would show that a charge is sustainable under Section 326 or Section 307, Indian Penal Code and, therefore, the charge should be amended. The learned Metropolitan Magistrate by his order dated 18. 1. 2000 came to the conclusion that the matter has been fixed for final arguments and that the application for alteration of a charge does not merit any consideration and, therefore, dismissed the same fixing the case for f