Case Facts:
Patna High Court Cr.Misc. No.33701 of 2009 (2) dt.16-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33701 of 2009 ====================================================== 1.Kunwar Mahto 2. Thakur Mehta 3. Shankar Mehta alias Ravi Shankar Mmehta .... .... Petitioner/s Versus 1.State Of Bihar 2. Moti Lal Mehta .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sudama Singh Mr. Surendra Kumar Mishra' For the State : Mr. G.C.Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 16-02-2012 This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 29. 2009 passed in Sessions Trial No. 275 of 2006, whereby the learned Additional Sessions Judge-FTC- Ist, Sasaram has rejected the application of the petitioners filed under Section 228 of the Code of Criminal Procedure. Learned counsel appearing for the petitioners submits that from perusal of the First Information report it would appear that the offence under [STATUTE] will not be made out and rest sections are triable by the Court of Judicial Magistrate Ist Class but the learned Additional Sessions Judge has illegally rejected the application under section 228 of the Patna High Court Cr.Misc. No.33701 of 2009 (2) dt.16-02-2012 Code of Criminal Procedure filed by the accused-petitioners. The impugned order indicates that the learned Sessions Judge on perusal of the statement of the witnesses and the vital part of the body where the injury was said to be caused, rejected the application of the accused-petitioners filed under section 228 of the Code of Criminal Procedure arriving at conclusion that prima facie there is sufficient material for framing of charge under section 307 of the Code of Criminal Procedure against the accused-petitioners. As such I do not find any illegality in the impugned order for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. However, the petitioners are at liberty to raise his defence in trial Court at appropriate stage. Arun Kumar/- (Rajendra Kumar Mishra, 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.