Mr. Shekher Dhawan, J.:- Present petition under Section 482 of the Code of Criminal Procedure is for quashing order dated 19.1.2019 (Annexure P/3) passed by learned Judicial Magistrate Ist Class, Karnal whereby Section 316 IPC has been added in the FIR and the case has been committed to learned Sessions Court, Karnal for trial.

2. Learned counsel for the petitioners contended that initially FIR No. 393 dated 3.11.2016 was registered under Sections 323, 452 and 506 IPC at Police Station Madhuban, District Karnal on the statement of complainant – respondent no.2, namely, Prem Pal. The complainant and other persons have been given severe and merciless beatings to the petitioner in the same occurrence on 30.10.2016 with their respective weaons, i.e., gandasi, lathi and iron rod etc. and they were also medically examined in CHC, Indri. Subsequently, learned trial Magistrate added Section 316 IPC as well and the case has been committed to the Court of learned Sessions Judge, Karnal for trial, though there is no such material or evidence available on the file.

3. Learned counsel for the petitioners further contended that as per Post Mortem Report, there was no injury mark and the