Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36127 of 2011 Tabrej Khan, S/o Jahangir Khan, R/O Vill.-Nakaradei, P.S.-Sugauli, Distt.-East Champaran ………. Petitioner Versus 1. The State Of Bihar 2. Amirjada Khan, S/o Late Inar Khan, R/O Vill.- Nakaradei, P.S.-Sugauli, Dist.-East Champaran ……… Opp. Party ---------------------------------- 2 12.01.2012 Heard Sri Sandeep Kumar, learned counsel for the petitioner and Sri Ram Chandra Singh, learned Additional Public Prosecutor. The petitioner, has prayed for quashing of an order dated 23.12.2010 passed by learned Chief Judicial Magistrate, East Champaran, Motihari in Sugauli P.S. Case No. 260 of 2010 whereby learned Magistrate has taken cognizance of offence under [STATUTE] . Sri Sandeep Kumar, learned counsel for the petitioner submits that in the case diary specific evidence has come that the petitioner had gone to save the deceased, even then, the petitioner has been made accused in the case. It has also been argued that without perusing the material available on record, the learned Magistrate in a mechanical manner, has taken cognizance of the offence. Be that as it may, the court is of the opinion, that while hearing a petition filed under Section 482 of the Code of Criminal Procedure, this court is not required to examine the case diary. In that view of the matter, it would not be appropriate for this court to 2 interfere with the impugned order of cognizance. However, if so advised, the petitioner can raise all the points which have been raised in the present case at the stage of charge. If such petition is filed, the court expects that the learned Trial Judge will examine the petition in the light of material available in the case diary and pass appropriate order in accordance with law. With above observation and direction, the petition stands disposed of. Praful ( Rakesh Kumar, 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.