Bijendra Kumar Singh @ Bijendra … vs State Of Bihar on 1 July, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.32281 of 2008
Bijendra Kumar Singh @ Bijendra Kr. Singh @ Birendra Singh, son of Bhrigu Nath Singh, village
              Choudhary Patti, Tarwara, PS Pachrukhi (GB Nagar), Dist. Siwan.
                                           Versus
                                       State Of Bihar


2       1.7.2011

Heard the parties.

This application has been filed on behalf of the

accused-petitioner for quashing the order, dated 19.6.2008 passed

by the FTC V, Siwan in S.T. No. 153/2004 on the ground that

charge under section 326 of the Penal Code has wrongly been

added as no offence has been committed under the aforesaid

section.

Learned A.P.P. after framing of the charge had filed an

application stating therein that an offence under section 326 of the

Penal Code was made out against the accused persons as the injury

report indicates that the injury caused in the eye of the victim was

grievous in nature. Apparently this aspect of the matter was not

considered at the time of framing of charge.

Counsel for the petitioner, on the other hand, submits

that there is no fresh material, all these facts existed at the stage of

framing of the charge, and as such the court could not have altered

the charges.

The question whether fresh charge can be added or not

is now well settled in view of the fact that the court has the power

on the basis of the evidence to add or delete any charge in a case.

I do not think that any prejudice will be caused to the

petitioner if it is found while taking the evidence that no charge is
2

made out under section 326 of the Penal Code. Obviously the

court will consider this aspect of the matter before passing of the

final order.

Considering the fact that already a charge has been

framed under section 307 of the Penal Code and the case is triable

by the Sessions Judge, I further see no reason which would affect

the petitioner adversely. The question raised in this court can be

considered during the trial after the evidence comes on record, it

would be open to the petitioner to show the court that no offence is

made out under section 326 of the Penal Code.

This application is, thus, disposed of.

haque                                            ( Sheema Ali Khan, J.)