Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9028 of 2011 ====================================================== Siyawar Saran Singh @ Siyawar Singh, Son of Late Kesri Kishore Saran Singh, resident of Mathura Pd. Sinha Road, Kadam Kuan, P.S. Kadam Kuan, District Patna. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Chote Lal Prasad, Son of Sadhu Rawat, resident of kMohalla Mathuria Mohalla, P.S. Muradpur, District Nalanda, At presently Rikshaw Pullar, Nawal Kishore Road, P.S. Kadam Kuan, Distt. Patna. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 3 31-01-2012 Heard Shri Krishna Prasad Singh, learned Senior Counsel for the petitioner and Shri M.Haque, learned Additional Public Prosecutor. The petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order of cognizance, which was passed long back on 16.11.1989 in Kadam Kuan P.S. Case No.701 of 1989. By the said order, the learned Chief Judicial Magistrate, Patna has taken cognizance of offence under Patna High Court Cr.Misc. No.9028 of 2011 (3) dt.31-01-2012 2 [STATUTE] and 27 of the Arms Act. I have perused the impugned order. It appears that police after investigation had submitted charge sheet and thereafter, the learned Magistrate, on the basis of materials available on record, has passed the order of cognizance. I do not find any defect in the order. The petition stands dismissed. The court below is required to proceed with the case expeditiously so that the case may come to its logical end without any further delay. Office is required to send a copy of this order to the court below forthwith. N.H./- (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.