Case Facts:
Patna High Court Cr.Misc. No.20776 of 2012 (2) dt.04-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 20776 of 2012 =================================================== Subhash Prasad, Son of Dhirendra Prasad, resident of Kali Asthan, Machua Toli, Danapur Cantt, Police Station-Danapur, District-Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. R.B. Roy “Raman”, APP. =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 04.09.2012 The Petitioner seeks quashing of the order dated 20.12.2011 passed in Cr. Rev. No. 823 of 2011 by the Sessions Judge, Patna by which he has affirmed the order dated 29.01.2011 passed by the Additional Chief Judicial Magistrate, Danapur in Danapur P.S. Case No. 57 of 2009 by which he has taken cognizance under [STATUTE] . It has been submitted that in the facts of the case no offence under [STATUTE] is made out. Since cognizance is not taken of a particular offence or an offender but of the case as a whole and as to what offence is made out is best decided at the stage of charge, the application is disposed off with a direction to the Court below to consider such materials and thereafter proceed in accordance with law. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 436

Statute Text:
Section 436 of the Indian Penal Code. Mischief by fire or explosive substance with intent to destroy house etc. Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.