Case Facts:
Patna High Court Cr.Misc. No.35215 of 2010 (3) dt.04-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35215 of 2010 ====================================================== Ram Chandra Prasad .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER --------- 3 04.07.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and, in my view, this petition can be disposed off on admission stage itself. Petitioner has prayed for quashing the order dated 19.7.2010 passed by 7th Addl. District & Sessions Judge, Muzaffarpur, in Sessions Trial no.441/2002 arising out of Meenapur P.S. Case no. 43/2002 by which and whereunder he rejected the petition dated 30.7.2009 praying therein to reject the expert report and sanction order filed by the prosecution. Petitioner was made accused in Meenapur P.S. Case no. 43/2002 for the offence under [STATUTE] and 3/ 4 of the Explosive Substance Act. The expert report in respect of the seized article as well as sanction order were produced before the court. The genuiness of the aforesaid expert report as well as sanction order were challenged by the petitioner by filing a petition before the 7th Addl. District & Sessions Judge, Muzaffarpur which was rejected by the aforesaid court passing the impugned order dated 19.7.2010 holding that prayer of the petitioner was premature. Patna High Court Cr.Misc. No.35215 of 2010 (3) dt.04-07-2012 I went through the impugned order dated 19.7.2010 and did not find any ground to interfere with the aforesaid impugned order. In my view, this quashing petition does not have any merit and must be dismissed at the admission stage itself. Accordingly, this petition stands dismissed on the admission stage itself. However, the petitioner may raise his plea at the time of final hearing. Shahid ( Hemant Kumar Srivastava,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.