Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3505 of 2011 ====================================================== 1. Visheshwar Sharma S/O Late Adhik Sharma Resident Of Village- Sarauni Kala, Sharma Tola, Police Station- Beheriagan, District- Madhepura .... .... Petitioner/s Versus 1. The State Of Bihar 2. Sanjay Sharma S/O Late Jhaman Sharma Resident Of Village- Sarauni Sharma, Tola, Police Station- Behariganj, District- Madhepura .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate. For the Opposite Party/s : Mr. B.N. Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 06-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 23.4.2010 passed by the learned Chief Judicial Magistrate, Madhepura in Bihariganj P.S. case No.15 of 2010 whereby the learned Magistrate has taken cognizance against the petitioner for the offences under [STATUTE] and 27 of the Arms Act. The petitioner has been named in the First Information Report for killing of the deceased. Learned counsel for the petitioner submits that the police after investigation did not find any evidence against Patna High Court Cr.Misc. No.3505 of 2011 (2) dt.06-03-2012 2 / 2 2 the petitioner and thereafter the case was supervised by the Superintendent of Police who has also found that the petitioner is aged about 70 years and having good relation with others. He further submits that he has been falsely implicated in this case due to village politics. From the record it appears that the trial court after examining the case diary and contents of the First Information Report has taken cognizance under [STATUTE] and 27 of the Arms act. At this stage this Court can not look into the defence of the petitioner. Accordingly this application is dismissed. However, the petitioner will be at liberty to raise all the points before the trial court at the time of framing of the charge. Vinay/- (Shivaji Pandey, 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.