Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5428 of 2011 ====================================================== Bharat Yadav, son of Parmeshwar Yadav, resident of Station Road, Jublee Well, P.S. Jamalpur, P.O. Jamalpur, District-Munger. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 29-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing the order dated 4.6.2010 passed by the Chief Judicial Magistrate, Munger in Jamalpur P.S. Case No.9 of 2010 by which he has taken cognizance against the petitioner under [STATUTE] and 27 of the Arms Act. Learned counsel for the petitioner submits that at the relevant point of time the petitioner was not at Jamalpur rather he was outside and there are sufficient materials on record to show that he has been wrongly roped in the case. He further submits that the police has investigated the case and has given its finding in his favour and as such the court below Patna High Court Cr.Misc. No.5428 of 2011 (2) dt.29-03-2012 2 / 2 2 is not justified in taking cognizance against him. It is well settled principle of law that the court while taking cognizance is required to see whether prima facie case is made out or not and while exercising power under section 482 of the Code of Criminal procedure this Court can not look into alibi that has been raised by the petitioner in this case. In this view of the matter, this application does not survive. It is accordingly dismissed. However, the petitioner is given liberty to raise all the points before the trial court at the time of framing of charge. Vinay/- (Shivaji Pandey, 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.