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Judgment
Ashim Kumar Roy, J.—The petitioners, who have been charge-sheeted under Sections 341/326/506/114 of the Indian Penal Code in connection with G.R. Case No. 2302 of 2013 arising out of Shakespeare Sarani Police Station Case No. 241/2013 have approached this Court for quashing of the charge sheet.
It is contended by the learned Counsel on behalf of the petitioners that the victim has not suffered any grievous hurt and consequently mischief of Section 326 of the Indian Penal Code, is attracted.
On the other hand, the learned Counsel for the State opposed this application and he by referring to the X-Ray report as well as the M.R.I. report, contended that there is nothing wrong in submission of charge sheet u/s 326 IPC.
I have given my anxious and thoughtful considerations to the rival submissions of the parties.
Having gone through the X-Ray report as well as the M.R.I. report very carefully, I find that due to the assault, the victim suffered fractures in upper shaft of (right) tibia. Therefore, it cannot be argued that there is no case of causing grievous hurt. However, coming to the question whether out of the materials collected during investigation, the offence punishable u/s 326 of the Indian Penal Code has been made out or not, I find in this case there is no material to show that any dangerous weapon was used in causing this injury. I find the victim suffered the injury, when he was pushed and fell on the ground and as per the evidence collected during investigation. These allegations prima facie make out an offence punishable u/s 325 of the Indian Penal Code. Since the other issues on which charge sheet has been challenged are essentially the defence of the accuseds/petitioners, and are pure question of fact, the same cannot be gone into at this stage.
With the above observation, this revisional application stands disposed of.
Office is directed to communicate this order at once to the court below.
Urgent Photostat certified copy of this order, if applied for, be given to the parties at an early date.