Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29019 of 2009 ===================================================== 1. Sanjay Sharma, son of Late Chanarik Sharma. 2. Suresh Sharma, son of Late Chanarik Sharma. 3. Shobha Devi, wife of Suresh Sharma. All resident of village-Kaji Chak, Police Station-Rafiganj, District- Aurangabad. .... .... Petitioners. Versus 1. The State of Bihar. 2. Radhe Shyam Sharma, son of Sri Sukhdeo Sharma, resident of village-Gaini, P.S. Khudwan, District-Aurangabad. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioners : Mr. Ajay Mukherjee, Advocate. For the State : Mr. Ahtasham Ali Khan, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------------ 3 10-05-2012 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 19.2.2008 passed in Sessions Trial No.14 of 2008 by the court of Additional Sessions Judge, Fast Track Court No.II, Aurangabad, framing the charge under [STATUTE] against the accused-petitioners. I find no illegality in the impugned order dated 19.2.2008 passed in Sessions Trial No.14 of 2008 by the court of Additional Sessions Judge, Fast Track Court No.II, Aurangabad, amounting Patna High Court Cr.Misc. No.29019 of 2009 (3) dt.10-05-2012 2 / 2 2 to abuse of the process of the court. Accordingly, this application stands dismissed. However, the petitioners would be at liberty to raise all the points, as raised herein, at the appropriate stage in the trial court. P.S./- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.