Case Facts:
Patna High Court Cr.Misc. No.43890 of 2010 (2) dt.20-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43890 of 2010 ====================================================== 1. Gaffar Mian 2. Arman Mian, both sons of Kamil Mian 3. Kamil Mian, S/O-Late Sadakat Mian All are residents of village-Dumariya Balua Tola P.S.-Bairiya, District- West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Bhuti Mian, S/O-Sarikat Mian resident of village-Dimariya Balua Tola P.S.-Bairiya, District-West Champaran .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 20-07-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State on the point of admission and, in my view, this petition can be disposed of on admission stage itself. Petitioners have prayed for quashing the order dated 28.01.2010 passed by Chief Judicial Magistrate, Bettiah, West Champaran in Bairiya P.S. Case No. 159 of 2008 by which and whereunder he took cognizance for the offences under [STATUTE] . It would appear from perusal of Annexure-1 to this petition that above stated Bairiya P.S. Case No. 159 of 2008 was registered under [STATUTE] on the basis of written report submitted by the Patna High Court Cr.Misc. No.43890 of 2010 (2) dt.20-07-2012 informant Bhuti Mian who alleged in his written report that his she goat went at the door of petitioner no. 3 upon which he started abusing him and when he forbade to do so petitioners and other accused being armed with dabia and other weapons came there and petitioner no. 1 gave dabia blow twice causing injury on his head and right shoulder whereas petitioner no. 3 and his wife assaulted the brother-in-law of informant with barchi and lathi. In course of aforesaid occurrence, rupees two thousand of the informant was fallen on earth and someone picked up the aforesaid amount. It appears from submissions of the parties that after investigation police submitted charge sheet for the offences under [STATUTE] and the learned Chief Judicial Magistrate took cognizance under the above stated sections. The grievance of the petitioners is that no case under [STATUTE] is made out and the learned Chief Judicial Magistrate without applying his judicial mind passed the impugned order. It is contended by learned counsel for the petitioners that both the injured have sustained simple injury said to be caused by hard and blunt substance so, in the aforesaid circumstance, it is explicit clear that case under [STATUTE] is not made out against the petitioners. Patna High Court Cr.Misc. No.43890 of 2010 (2) dt.20-07-2012 In my view, it is not a proper stage to make any finding on the aforesaid point and petitioners may raise the above stated point at the time of framing of the charge, if they so advised. With the aforesaid observation, this petition stands disposed of on admission stage itself with liberty to petitioners that they may raise their point before the trial court at the time of framing of the charge. It is made clear that if the petitioners raise the aforesaid point before the trial court at the time of framing of the charge, the trial court shall consider their plea in accordance with law without being prejudiced by this order. Let this order be communicated to the court concerned through FAX at the cost of the petitioners. SHAHZAD/- (Hemant Kumar Srivastava, 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.