Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52047 of 2008 ====================================================== 1. Nandeo Sah @ Nand Deo Sah son of late Santlal Sah. 2. Manoj Sah son of Nandeo Sah. Both residents of Village-Lakhimpur, P.S.-Gogari, District- Khagaria. .... .... Petitioners Versus 1. The State Of Bihar. 2. Jitan Sah son of late Ramal Sah, resident of Village-Lakhimpur, P.S.-Gogari, District-Khagaria. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA) 3 24-01-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 29.10.2005, passed in G.R. No. 997 of 2003 arising out of Gogari P.S. Case No. 168 of 2003 by the Chief Judicial Magistrate, Khagaria, taking cognizance of the offence against the accused named in the charge-sheet including the petitioners for the offence under [STATUTE] . Learned counsel appearing on behalf of petitioners made submission that the informant of this case, Jitan Sah, Patna High Court Cr.Misc. No.52047 of 2008 (3) dt.24-01-2012 2/2 in Sessions Trial No. 77 of 2005, has stated in his evidence about doing the work of Pramod Sah at Delhi. As such, the case is totally false. The impugned order shows that the learned Chief Judicial Magistrate has taken cognizance of the offence on perusal of the case diary and supplementary case diary, finding prima facie case under Section 173 of the Code of Criminal Procedure. Under the aforesaid facts and circumstances, I do not find any illegality in the impugned order amounting to abuse of the process of the Court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise his defence, raised herein, at appropriate stage in trial Court. Safik/- (Rajendra Kumar Mishra, J.)

Applicable IPC Section: 364

Statute Text:
Section 364 of the Indian Penal Code. Kidnapping or abducting in order to murder. Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.