Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43689 of 2009 ====================================================== 1. Birendra Yadav , Son of Munni Yadav 2. Gorelal Yadav, son of Chatto Yadav Both are residents of Village- Goithadih, P.S. Nawada, District-Nawada .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER --------------------- 3 26-03-2012 Heard Sri Sheo Kumar Prasad, learned counsel for the petitioners and Sri Shyam Bihari Singh, learned Addl. Public Prosecutor. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 09.10.2009 passed by learned Chief Judicial Magistrate, Nawada in connection with Nawada ( Town) P.S. Case No.127 of 2007. By the said order, learned Magistrate has taken cognizance of offence under [STATUTE] and 27 of the Arms Act. It was submitted by learned counsel for the petitioners that only on assumption the case was lodged. It was further submitted that no such occurrence had taken place but only a case was got instituted and, as such, the learned Magistrate has Patna High Court Cr.Misc. No.43689 of 2009 (3) dt.26-03-2012 2 / 2 2 committed error in passing the impugned order. I have perused the F.I.R. which categorically discloses commission of offences. After lodging the F.I.R., the police investigated the same and thereafter chargesheet was submitted. After submission of chargesheet, the learned Magistrate on the basis of material available on record has rightly passed order of cognizance, which requires no interference. The petition stands dismissed. Keeping in view the fact that occurrence had taken place in the year 2007, it is desirable to direct the court below to proceed with the case and take all steps, so that the case may come to its logical end without unnecessary delay. Let a copy of this order be sent to the court below. NKS/- (Rakesh Kumar, 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.