Case Facts:
Patna High Court Cr.Misc. No.18916 of 2010 (3) dt.05-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18916 of 2010 ====================================================== Shree Chand Madhan @ Sri Chand resident of M.I.G. 27 Lohiya Nagar, P.S. Kankarbagh, Patna. .... .... Petitioner/s Versus 1State Of Bihar 2.Parwati Devi wife of Late Jagdish Chaudhary, R/o Village- Tofla,Purkhouli, P.S.- Lalganj, Vaishali. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. D.D.Srivastava, For the Opposite Party/s : Mrs. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 05-11-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, has been filed to quash the order dated 20.04.2010 passed in Kadamkuan ( Kankarbagh) P.S. Case No.116 of 2004 by the court of the Chief Judicial Magistrate, Patna, whereby the learned Chief Judicial Magistrate, Patna, took cognizance of the offence and summoned the accused including the petitioner finding prima facie case under [STATUTE] . The learned counsel appearing on behalf of the petitioner submits that the Doctor who conducted the postmortem Patna High Court Cr.Misc. No.18916 of 2010 (3) dt.05-11-2012 has clearly stated that no smell of any alcohalic or poisonous smell was found and the death is shown as natural. As such, the learned Chief Judicial Magistrate, Patna has passed the impugned order in a mechanical manner. On perusal of the impugned order I find no illegality in the impugned order amounting to abuse of the process of the court. Accordingly, this application stands dismissed. However, the petitioner will be at liberty to raise all the points, as raised herein, at the appropriate stage in the trial court. AnilKrSinha/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.