Case Facts:
Patna High Court Cr.Misc. No.52771 of 2008 (5) dt.24-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52771 of 2008 ====================================================== 1.Nathuni Singh 2. Pramod Kumar Singh 3. Subodh Kumar Singh .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arbind Kumar Singh For the State : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 24-02-2012 Heard learned counsel for the parties. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 11.9.2008 passed in Sessions Trial No. 47 of 2008 by the Court of Ist Additional Sessions Judge, Saran at Chapra, rejecting the application filed under Section 228 of the Code of Criminal Procedure to send the record to the Court of CJM for trial as the offence under Section 307 is not made out and rest offences are not exclusively triable by the Court of Sessions. Learned counsel appearing on behalf of the petitioners submits that the learned Additional Sessions Judge had not considered the nature of the injury as alleged to be caused and rejected the application of the accused petitioners filed under Section 228 of the Code of Criminal Procedure to send the Patna High Court Cr.Misc. No.52771 of 2008 (5) dt.24-02-2012 record to the CJM for trial in accordance with law. On going through the impugned order, it appears that the learned Magistrate has rejected the application under [STATUTE] the intention is to be seen. Apparently, there is no illegality in the impugned order amounting to abuse of the process of the Court for interference in inherent jurisdiction. Accordingly, this application is dismissed. However, the petitioners are at liberty to raise his defence in trial Court at appropriate stage. Arun Kumar/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 307

Statute Text:
Section 307 of the Indian Penal Code. Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.