JUDGMENT Bharat Bhushan, J. Learned AGA has accepted notice on behalf of respondent no. 1. 2. Heard Sri Sikandar B.Kochar, learned counsel for the applicant and learned AGA for the State. 3. It appears that Investigating Officer moved an application for deleting section 326 IPC and including section 325 IPC in its place. This application was dismissed by Additional Chief Judicial Magistrate, Court No. 3, Varanasi after hearing counsel for the informant. 4. Learned counsel for the applicant has argued that informant could not have been heard and order impugned has prejudiced pending investigation. 5. I am afraid the ground taken by the learned counsel for the applicant is not tenable for the simple reason that Investigating Officer has a right to file charge sheet in whatever section he feels appropriate and that right can not be interfered with by the Magistrate in exercise of his jurisdiction. The Magistrate is fully entitled to use his jurisdiction subsequent to the conclusion of investigation. The order dated 17.6.2015 is fully justified as it is an intermediary order and it will not effect the merit of the case. Both the parties will have various opportunities to address the court at various stages during trial, if any. 6. There is no illegality, impropriety, infirmity or jurisdictional error in the order impugned. The prayer for quashing the impugned order is refused. The application under section 482 Cr.P.C. is accordingly dismissed.