Case Facts:
Patna High Court Cr.Misc. No.18413 of 2011 (2) dt.23-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18413 of 2011 ====================================================== 1. Raju Khan @ Nawaz Ahmad Khan son of Late Abu Mohammad, R/O Vill.-Ashapur, P.S.-Behara, Distt.-Darbhanga .... .... Petitioner/s Versus 1. The State Of Bihar 2.Md.Nazuk Khan son of Md.Mintullah Khan, R/O Vill.-Ashapur,P.S.- Bahera, Distt.-Darbhanga .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Adv. Mr. Jitendra Narain Sinha, Kishan Chand, Namita Kumari, Shikha Roy and, Advs. For the Opposite Party/s : Mr. L.K.Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 23-11-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 20.4.2011 arising from Tr. No. 522/2011, G.R. No. 2712/2008 by which the court below has refused to drop the proceeding against the petitioner for offence [STATUTE] at the learned Chief Judicial Magistrate took cognizance vide order dated 4.12.2009 against the petitioner and other accused persons but it appears that after the fresh investigation, an application was filed for dropping the order of cognizance by which the court below has refused to do it as the Patna High Court Cr.Misc. No.18413 of 2011 (2) dt.23-11-2012 court below has found that the cognizance was taken earlier. This Court does not find any error in the order impugned. Accordingly, this petition is dismissed with liberty to the petitioner to raise all points before the court below at the time of framing of the charge. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.