Case Facts:
Patna High Court Cr.Misc. No.43212 of 2009 (3) dt.23-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43212 of 2009 ====================================================== Munilal Maharaj @ Munilal Son of Late Sita Ram Maharaj, Resident of Village Dhanawan, Police Station Belaganj, District Gaya. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3 23-03-2012 Heard learned counsel for the petitioner and Sri Dilip Kumar, learned Additional Public Prosecutor. The sole petitioner while invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 10.08.2004/28.08.2004, whereby the learned Chief Judicial Magistrate , Gaya, had taken cognizance of offence under [STATUTE] in Belaganj P.S. Case No. 106 of 2001, differing with the Police report. Learned counsel for the petitioner submits that during investigation it was found that the petitioner on the date of alleged occurrence was on duty and as such Police exonerated him but the learned Magistrate differing with the Police report has passed the order of cognizance. Sri Dilip Kumar, learned Additional Public Prosecutor Patna High Court Cr.Misc. No.43212 of 2009 (3) dt.23-03-2012 submits that in the F.I.R. itself it is categorically mentioned that the deceased before dying had made statement before informant that two accused persons which includes the petitioner had poisoned him and as such the petitioner as well as one Loknath Maharaj were made F.I.R. named accused. Of-course, after investigation charge sheet was submitted only against one accused and the petitioner was not sent up for trial but the learned Magistrate on the basis of materials available on record has taken cognizance of offences even against the petitioner also besides the accused who was sent up for trial. Order of cognizance was passed in the year 2004 and the petitioner filed the present petition on 02.12.2009. After going through the impugned order the court is of the opinion that the learned Magistrate while passing the impugned order has not committed any error. I do not find any merit. The petition stands dismissed. Keeping in view the fact that cognizance order was passed long back in the year 2004, it is desirable to direct the court below to proceed with the case expeditiously so that the case may come to its logical end without unnecessary delay. Let a copy of this order be sent to the court below Patna High Court Cr.Misc. No.43212 of 2009 (3) dt.23-03-2012 forthwith. Praful/- (Rakesh Kumar, 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.