Case Facts:
Patna High Court Cr.Misc. No.32631 of 2009 (4) dt.06-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32631 of 2009 ====================================================== Binoy Kumar Yadav .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nageshwar Prasad For the State : Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 4 06-02-2012 This application under section 482 of the Code of Criminal Procedure is to quash the order dated 5.8.2009 passed in Sessions Trial No.877 of 2008 by the Court of Additional Sessions Judge- FTC-II, Banka, whereby the prayer of discharge of accused- petitioner was rejected, while other accused Raju Yadav has been discharged under Section 227 of the Code of Criminal Procedure. Learned counsel appearing on behalf of the petitioner submits that Raju Yadav the brother of accused-petitioner has filed the complaint case numbered as 1527 of 2007 against Jai Prakash Yadav, husband of the informant Usha Bharti prior to the alleged occurrence, due to that reason Jai Prakash Yadav got implicated through his wife to the accused-petitioner with ulterior motive on false and baseless story. From perusal of the impugned order it appears that the learned Additional Sessions Judge- FTC No.II, Banka on perusal Patna High Court Cr.Misc. No.32631 of 2009 (4) dt.06-02-2012 of the materials available in the case diary arrived at the conclusion that there is sufficient material for framing of charge under [STATUTE] against the accused-petitioner Binay Kumar Yadav, while the learned Sessions Judge discharged the other accused Raju Yadav. I find no illegality in the impugned order, amounting to abuse of the process of the Court. This application is dismissed. As far as the submission as raised by the learned counsel for the petitioner is concerned, the petitioner is at liberty to raise all the defence at appropriate stage. Arun kumar/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 511

Statute Text:
Section 511 of the Indian Penal Code. Attempting to commit offences punishable with imprisonment for life, or imprisonment, and in such attempt doing any act towards the commission of the offence. Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.