Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45379 of 2009 ====================================================== 1. Alimudin Ansari, son of Haji Ghisha Ansari 2. Akhatar Ansari, son of Alimudin Ansari 3. Aftab Ansari @ Langa Ansari, son of Alimudin Ansari, All resident of village Ankami, P.S. Agrer, Distt. Rohtas at Sasaram. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Mustak Ansari, son of late Md. Ajij Ansari, resident of village Akashi, P.S. Agrer, Distt. Rohtas at Sasaram. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar Seth, Adv. For the State : Mr. M. Chaterjee, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 27-03-2012 Heard learned counsel for the petitioners and the State. The petitioners seek quashing of the order dated 29.10.2009 passed by the Chief Judicial Magistrate, Rohtas at Sasaram, in Sasaram (Agrer) P.S. Case No. 764 of 2009 by which cognizance has been taken under [STATUTE] and Section 27 of the Arms Act. It has been submitted on behalf of the petitioners that no offence under [STATUTE] is made out as also that the present case is malicious having been filed in the background of a civil dispute between the parties. Since these are disputed questions of fact which cannot be gone into at the stage of 482 Cr. P.C., I am not inclined to Patna High Court Cr.Misc. No.45379 of 2009 (2) dt.27-03-2012 2 / 2 2 interfere in the matter. The application is dismissed. S.Ali (Anjana Prakash, 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.