Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 13593 of 2011 ================================================== 1. Devi Lal Prasad, son of Late Jado Lal Prasad 2. Shiv Shankar Prasad, S/o Sri Devi Lal Prasad 3. Ravi Bhushan Prasad S/o Sri Devi Lal Prasad All resident of village-Harnathpur, P.S.- Pakridayal, District- East Champaran. .... .... Petitioners. Versus 1. The State of Bihar. 2. Kishori Thakur S/o Bigu Thakur r/o vill Harnathpur, P.S. Pakridayal Dist.- East Champaran. .... .... Opposite Parties. ================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5. 08-11-2012 Heard Sri Amrit Abhijat, learned counsel for the petitioners and Sri S. N. Shukla, learned Addl. Public Prosecutor. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 21-02-2011 passed by learned Sub-Divisional Judicial Magistrate, Shikrahna at Motihari in Pakridayal P. S. Case No. 66 of 2010, whereby, learned Magistrate, differing with the police report, had taken cognizance of offence under [STATUTE] and Patna High Court Cr.Misc. No.13593 of 2011 (5) dt.08-11-2012 2 / 3 2 Section 25(1-B) & 27 of Indian Arms Act, 1959, even against one of the accused persons, who was not forwarded by the police as an accused. It was submitted by learned counsel for the petitioners that so far as provisions of Arms Act is concerned, in the present case though F.I.R. was lodged against the accused persons, but during investigation, it has been found that informant has fabricated the case under Arms Act and as such, while submitting police report, it was police, who had decided to recommend for prosecution of the informant for the offence under [STATUTE] and Section 25(1-B)(a) & 26(II) of the Arms Act. He submits that the order of cognizance, in the facts and circumstances of the case, shows that it was completely an act of non-application of the mind by the learned Magistrate. In this case, earlier case diary was summoned, which has been received and kept on record. From the case diary, it is evident that police had recommended for prosecuting the informant for the offence under the Arms Act as well as under Section 193/199 of the Patna High Court Cr.Misc. No.13593 of 2011 (5) dt.08-11-2012 3 / 3 3 Indian Penal Code. In such a situation, the Court is of the opinion that learned Magistrate was not justified to proceed against the petitioners, so far as under the provisions of the Arms Act is concerned. However, it appears that case has already been committed to the court of Sessions and as such, it would not be appropriate to interfere with the impugned order at this stage. Liberty is granted to the petitioners to raise all the points before the court below at appropriate stage. The Court expects that if such petition is filed at appropriate stage, the learned Magistrate without being prejudiced with this order may examine the same on the basis of materials available in the case diary and pass appropriate orders in accordance with law without any delay. Office is directed to remit back case diary to the court below. With above observation, the petition stands disposed of. Anay (Rakesh Kumar, 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.