MAM CHAND Vs. STATE

JUDGEMENT

(1.) By this criminal revision petition under Section 397 read with Section 482 of the Code of Criminal Procedure (for short the Code), the petitioners seek quashing of order dated 27 August, 1996, by the learned Additional Sessions Judge, directing framing of charge against them under Section 323 read with Section 34, IPC.

(2.) On 28 May, 1994 a fight is alleged to have taken place between the petitioners on the one hand and one Reghubar Dayal and his associates on the other. Reghubar Dayal was got medical examined by the police and on his complaint the police registered a case under Section 324 read with Section 34, IPC. Simultaneously, a case was also registered against Reghubar Dayal and some other persons under Section 308 read with Section 34, IPC. On the completion of investigations, challans were filed in both the FIRs. As per the MLC of Raghubar Dayal, he had abrasions on right hand, left knee and two linear scratches (superficial) on the left thigh, not requiring stitches. The injuries were opined as 'simple' in nature. On consideration of material placed before it the learned Trial Court found a prima facie case against the petitioners under Section 323 read with Section 34, Indian Penal Code and framed a charge against them accordingly. It is this order which is impugned in this petition.

(3.) I have heard Mr. B.K. Sharma, learned Counsel for the petitioners and Mr. Pawan Behl, learned Counsel for the State.