1. By this petition, the Petitioners challenge the order dated 28th April, 2010 whereby the learned Trial Court directed framing of charge for offences under Sections 325/506/34 IPC against the Petitioners. The grievance of the Petitioners is that even as per the complaint it is alleged that the Petitioners slapped and threatened the Complainant Bharat Bhushan due to which blood started oozing out from his ear on which they ran away from the spot, thus, at best the Petitioners can be charged for offences under Sections 323/506 IPC.

2. Learned counsel for the Petitioners contends that the opinion of the doctor that there is perforation in the ear and thus the injury was grievous in nature is incorrect. Grievous injuries have been defined under Section 320 IPC and in case the injury falls in anyone of those categories, the accused can be charged for having committed the offence of causing grievous injury. From the facts on record, it is evident that there was no intention to cause a grievous injury. It is stated that the investigating officer filed an application before the doctor for giving the opinion again, however, no opinion was rendered. Thus, the investigating officer