Case Facts:
Patna High Court Cr.Misc. No.40042 of 2009 (5) dt.29-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40042 of 2009 ====================================================== Anand Kumar Jha .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar Mr. Birendra Kumar For the Opposite Party/s : Mr. Gagan Deo Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 29-03-2012 Heard learned counsel for the parties. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 23.6.2009 passed in Andharatharhi P.S. case No. 116 of 2008/ G.R. No. 859 of 2008 by the Court of Additional Chief Judicial Magistrate, Jhanjharpur, taking cognizance of the offence under [STATUTE] and 3(x) of the Scheduled Caste and Scheduled Tribes ( Prevention of Atrocities) Act, differing with the final form submitted by the Police. Learned counsel appearing for the petitioner submits that in fact the petitioner, who is Surpunch has lodged Andhratharhi P.S. Case No. 42 of 2008 under sections Patna High Court Cr.Misc. No.40042 of 2009 (5) dt.29-03-2012 166,167,420 and 120B/34 of the Indian Penal Code against Ram Krishna Safi Mukhiya and due to that a counter blast case got lodged by Kaushalaya Devi. From perusal of the impugned order, it appears that the learned ACJM on going through the case diary specially paragraphs 4,5,21,22 and 23 arrived at the conclusion that prima-facie case under Sections 376 and 3(x) of the SC/ST (Prevention of Atrocities) Act is made out against the accused- petitioner. At the time of taking cognizance the Magistrate is not required to look into any defence. As such I find no illegality amounting to abuse of the process of the Court for interference in inherent jurisdiction. According, this application is dismissed. Arun Kumar/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.