Case Facts:
Patna High Court Cr.Misc. No.25619 of 2010 (2) dt.27-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25619 of 2010 ====================================================== Suresh Maharaj .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 27-02-2012 1. The present petition has been filed for quashing the order dated 26.05.2010 passed in Cr. Revision No. 204 of 2009 passed by the learned Sessions Judge, Muzaffarpur. 2. Learned counsel for the petitioner submits that the First Information Report had been instituted at the petitioner’s instance himself and even on the face of it there was no occasion of making him an accused instead, for an offence under [STATUTE] as he could hardly have been expected to have attempted his own murder by shooting himself in the hand. He therefore, submits that at the highest an offence under [STATUTE] might have been alleged but by no stretch of imagination, any offence under [STATUTE] can be said to have been made out. 3. On perusal of Para-7 of the revisional order, however, I find that it is not a case where the petitioner has shot himself in the hand rather the learned Sessions Judge has taken due note of the statement of the witnesses that the petitioner had Patna High Court Cr.Misc. No.25619 of 2010 (2) dt.27-02-2012 himself come out of the house with loaded pistol in his hand intending to fire with intention to kill the opposite parties and it is only when other people intervened during the ensuing scuffle that the informant accidentally sustained bullet injury in his hand. 4. Learned counsel for the petitioner submits that he filed a protest petition before the learned Chief Judicial Magistrate, Muzaffarpur in regard to the matter but the same is still pending and has not yet been disposed of. 5. In the circumstances, I am not inclined to interfere with the impugned order of revision nor the order taking cognizance which have been passed after due consideration of materials on record. 6. It will, however, be in the interest of justice to observe that in case the protest petition filed by the petitioner is still pending before the Chief Judicial Magistrate, Muzaffarpur, the same shall be disposed of expeditiously after hearing the parties in accordance with law. 7. With the above observations the present petition stands disposed of. Saif/- (Vikash Jain, 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.