Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43951 of 2009 ====================================================== 1. Mahatam Yadav son of Kashi Yadav, 2. Akhilesh Yadav, Son of Satyanarayan Yadav, 3. Brijesh Yadav, Son of Vishwanath Yadav All residents of Village- Kabilaswa, P.S. Gopalpur, District- West Champaran .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER --------------- 2 27-03-2012 Heard Sri Umesh Chandra Verma, learned counsel for the petitioners and Smt. Pronoti Singh, learned Addl. Public Prosecutor. Three petitioners, who were named in Gopalpur P.S. Case No. 35 of 2006, have approached this Court against the order dated 07.04.2009 passed by learned Chief Judicial Magistrate, Bettiah, West Champaran, whereby the learned Chief Judicial Magistrate differing with the police report has taken cognizance of offence under [STATUTE] and Section 27 of the Arms Act. In this case, the police after investigation submitted final report and also reported for prosecuting the informant under [STATUTE] for making false allegation. Patna High Court Cr.Misc. No.43951 of 2009 (2) dt.27-03-2012 2 / 2 2 The learned Magistrate by the impugned order has taken cognizance differing with the police report and order of cognizance was passed in the year 2009. Learned counsel for the petitioners at the moment is not in a position to inform the Court as to whether charges have been framed or not. For just decision of the case, it is necessary to examine the entire case diary. It would not be appropriate for this Court, while exercising power under Section 482 of the Code of Criminal Procedure, to examine the case diary at this stage. If so advised, the petitioners may take all the pleas, which have been taken in the present case, at the appropriate stage. Accordingly, the petition stands disposed of granting liberty to the petitioners to take all the pleas, which have been taken in the present case, at the appropriate stage. The Court expects that if such petition is filed on behalf of the petitioners, the learned court below will examine the same as well as materials available in the case diary and thereafter pass order in accordance with law. With above observation and direction, the petition stands disposed of. NKS/- (Rakesh Kumar, 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.