Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48241 of 2008 ===================================================== Hari Mohan Yadav, son of Uttim Lal Yadav, resident of village- Gausaghat, P.S. Sadar, District-Darbhanga. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== Appearance: For the Petitioner : Mr. Saroj Kumar, Advocate. For the State : Mrs. Renuka Ratnakar, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 7 24-04-2012 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 22.12.2007 passed in Sadar P.S. Case No.226 of 2007 by the court of the Chief Judicial Magistrate, Darbhanga, taking cognizance of the offence under [STATUTE] against the chargesheeted accused including the petitioner. A prayer has also been made to quash the further proceeding arising out of the aforesaid case. From perusal of the impugned order, it appears that the learned Chief Judicial Magistrate, Darbhanga, on perusal of the First Information Report, chargesheet and the case diary, took the cognizance of the offence under the aforesaid Sections against the Patna High Court Cr.Misc. No.48241 of 2008 (7) dt.24-04-2012 2 / 2 2 chargesheeted accused including the petitioner. I find no illegality in the impugned order dated 22.12.2007 passed in Sadar P.S. Case No.226 of 2007 by the court of the Chief Judicial Magistrate, Darbhanga, amounting to abuse of the process of the court. Accordingly, this application stands dismissed. However, the petitioner would be at liberty to raise all the points, as raised herein, at the appropriate stage in the trial court. P.S./- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 328

Statute Text:
Section 328 of the Indian Penal Code. Administering stupefying drug with intent to cause hurt, etc. Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.