Advocates:
['RAJEEV RANJAN SAHAYA', '', 'DINESHWAR MISHRA', 'SHREE NIWAS SINGH', 'APP', '', 'DEWENDRA NR-SINGH', 'ARURAG SAURAG']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CR. REV. No.856 of 2006

JAGLAL SINGH

Versus

THE STATE OF BIHAR & ORS

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27.8.2008

This revision application has been filed against the order

dated 10.8.2006 passed by Fast Track court No. IVth, Saran at Chapra

in Sessions Trial No.46/2006 thereby the petition filed under Section

228(1) (a) of the Code of Criminal Procedure has been allowed and

the case has been transferred to the court of learned Chief Judicial

Magistrate, Chapra for trial as the case is not exclusively triable by the

court of session.

Heard learned counsel for both parties.

It is submitted on behalf of the petitioner that in view of

allegation contained in the first information report at least the offence

under Section 324 of the Indian Penal Code is made out but the court

below has not directed to frame the charge under Section324 of the

Indian Penal Code.

On the other hand, learned counsel for opposite parties

submitted that the doctor examined the victim and found both injuries

caused by hard and blunt object and simple in nature. Therefore, no

offence under Section 324 of the Indian Penal Code is made out.

Considered the submission of learned counsel for the

parties. Perused the impugned order as well as injury report mentioned

in the impugned order.

Having regard to the facts and circumstances as well as

nature of injuries I am of the view that there is no illegality or

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impropriety in the impugned order warranting interference by this

Court. The court below has rightly allowed the petition filed under

Section 228(1)(a) of the Code of Criminal Procedure. So far the

applicability of Section324 of the Indian Penal Code is concerned, the

injury report does not justify the same.

This revision application stands rejected accordingly.

B.Jha

(Ghanshyam Prasad)