Case Facts:
Patna High Court Cr.Misc. No.33010 of 2009 (2) dt.25-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33010 of 2009 ====================================================== 1.Rama Nand Singh 2.Nathuni Singh 3.Dipan Singh alias Bipin Singh 4. Ganesh Singh 5. Bilash Singh 6.Kamal Singh 7. Yugal Singh 8. Ramesh Singh .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Singh For the State : Mr. Mr. Jharkhndi Upadhyaya,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA) 2 25-01-2012 Heard the learned counsel for the parties. This application under Section 482 of the Code of Criminal Procedure is against the order dated 6.8.2009 passed in Goroul P.S. case no. 94 of 2008 by the Chief Judicial Magistrate Vaishali at Hajipur taking cognizance of an offence under [STATUTE] and 3 (i) (x) of SC/ST ( Prevention of Atrocities) Act. Learned counsel for the petitioners submits that from the First Information Report, it appears that no case is made out under the SC/ST (Prevention of Atrocities) Act but the Patna High Court Cr.Misc. No.33010 of 2009 (2) dt.25-01-2012 learned Chief Judicial Magistrate took the cognizance of the offence under Section 3(i) (x) of the SC/ST ( Prevention of Atrocities) Act. From the impugned order it appears that the learned Magistrate on perusal of the case diary has arrived at the conclusion that prima-facie case under [STATUTE] and 3 (i) (x) of the SC/ST ( Prevention of Atrocities ) Act is made out and accordingly took cognizance of the offence against the accused/petitioners. I find no illegality in the impugned order for interference under Section 482 of the Code of Criminal Procedure. This application is dismissed. As far as submission of the learned counsel for the petitioners is concerned, he may raise this point in trial Court at appropriate stage. Arun kumar /- (Rajendra Kumar Mishra, J.)

Applicable IPC Section: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.