Case Facts:
Patna High Court Cr.Misc. No.12340 of 2010 (3) dt.19-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12340 of 2010 ====================================================== 1. Dinesh Ram, son of Sri Yugal Ram. 2. Bir Bahadur Rai, son of Late Bindeshwar Rai. Both are resident of village-Jagatpur, P.S.-Phulparas, District-Madhubani. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Ram Prasad Ram, son of Thakkan Ram, resident of village-Jagatpur, P.S.-Phulparas, District-Madhubani. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 3 19-07-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor. In spite of having personal service over Opposite Party No.2 failed to appear. Petitioner have challenged order dated 04.06.2009 passed by ACJM, Jhanjharpur in Complaint Case No.69/2007 whereby and whereunder the learned lower court took cognizance for an offence punishable under [STATUTE] as well as summoning the petitioner including others along with order dated 02.01.2010 passed by learned Additional District and Sessions Judge, 2nd, Madhubani dismissing the Cr. Revision No. 396/09 filed against aforesaid order dated 04.06.2009. Without adverting to merit of the case, the matter in hand had already been disposed of vide Cr. Misc. No.4027 of 2010 vide order dated 27.06.2012 in relation to one of the accused, Prem Raj Chauhan. After dealing with the factual as well as legal Patna High Court Cr.Misc. No.12340 of 2010 (3) dt.19-07-2012 aspect the successive orders passed by respective courts have been set aside with a direction to the learned lower court to proceed afresh after having application of Section 210 of the Cr.P.C. The instant petition is also disposed of in terms of order dated 27.06.2012 passed in Cr. Misc. no.4027 of 2010. PN/- (Aditya Kumar Trivedi, 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.