Case Facts:
Patna High Court Cr.Misc. No.13460 of 2012 (4) dt.25-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13460 of 2012 ====================================================== 1. Awadhesh Kumar Yadav, S/O Govind Prasad Yadav resident of village- Shreepur, P.O.+P.S. Sangrampur, Distt. Munger .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 25-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission and in my view, this petition can be disposed of on admission stage itself. Petitioner has prayed for quashing the order dated 21.02.2012 passed by Additional Sessions Judge, Fast Track Court Speed, Munger in Sangrampur P.S. Case No. 122 of 2008 corresponding to Sessions Case No. 874 of 2010 by which and whereunder he rejected the petition filed under Sections 227 of the Cr.P.C. on behalf of the petitioner and also framed charge against the petitioner under [STATUTE] . The sole grievance of the petitioner is that no case under [STATUTE] is made out but in spite of that learned trial court has framed charge for the above Patna High Court Cr.Misc. No.13460 of 2012 (4) dt.25-07-2012 stated offences. Since the charge has already been framed and the learned trial court has got jurisdiction to pass order of conviction even in a lesser section, therefore, I am of the opinion that this petition does not have any merit and must be dismissed on admission stage itself. Accordingly, this petition stands dismissed on admission stage itself. SHAHZAD/- (Hemant Kumar Srivastava, 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.