Case Facts:
Patna High Court Cr.Misc. No.45395 of 2009 (02) dt.29-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45395 of 2009 ====================================================== Kedar Prasad Chaurasia & Ors .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02 29-03-2012 No one appears on behalf of the petitioners on the second successive date. The petitioners seek quashing of the order dated 30.10.2009 passed by the Chief Judicial Magistrate, Nawada in Pakariwarawan P.S. Case No. 25/08, by which he has taken cognizance under [STATUTE] . Since the petitioners raises disputed questions of fact which cannot be looked into at this stage. I am not inclined to interfere in the matter. However, it will be open to the petitioners to raise all the issues at the stage of framing of charge if charges are not framed. With this observation the application is disposed off. Namita/- (Anjana Prakash, J) Patna High Court Cr.Misc. No.45395 of 2009 (02) dt.29-03-2012 Namita/-

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.