Case Facts:
Patna High Court Cr.Misc. No.12539 of 2010 (6) dt.05-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12539 of 2010 ====================================================== 1. Kameshwar Singh son of late Ramadhar Singh. 2. Arun Singh son of Kameshwar Singh. Both are residents of Village-Betari, P.S.-Bhabua, District-Kaimur (Bhabua). .... .... Petitioners Versus 1. The State Of Bihar. 2. Ram Bilash Paswan son of late Murahu Paswan, resident of Village-Basawanapur, P.S.-Chainpur, District-Kaimur (Bhabua). .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 6 05-11-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 04.01.2010 passed in Bhabua P.S. Case No. 394 of 2007 by the Chief Judicial Magistrate, Kaimur (Bhabua), whereby the learned Chief Judicial Magistrate took the cognizance of the offence under [STATUTE] . Leaned counsel for the petitioners submits that the petitioners are not named in the First Information Report and nothing has come against them in course of investigation and they have been falsely implicated in this case mere on suspicion raised by the informant. On perusal of the impugned order, it appears that on Patna High Court Cr.Misc. No.12539 of 2010 (6) dt.05-11-2012 perusal of the case diary, the leaned Chief Judicial Magistrate took the cognizance of the offence under Section 302/34 of the Indian Penal code against the accused-petitioners. Apparently, I find no any illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise all points, raised herein, at appropriate stage in trial court. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.