Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1341 of 2009 ====================================================== Randhir Kumar S/o Parmanand Sharma R/o Mohalla-Anandpuri, House No. 117, P.S.- S.K. Puri, Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ram Kumar Sharma S/o Shri Mahanand Sharma 3. Smt. Nilu Devi W/o Ram Kumar Sharma, O.P. Nos. 2 and 3 both R/o House No. 117, Mohalla- Anandpuri, West Boring Canal Road, Patna, 800001, P.S. S. K. Puri, District- Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nand Lal Kumar Singh, Advocate For the State of Bihar : Mr. M. Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 30-11-2012 By the impugned order dated 18.5.2009 passed in Complaint Case No. 1816 (C) of 2008 by the learned Judicial Magistrate, 1st Class, Patna cognizance has been taken under [STATUTE] . only and process has been ordered to be issued against the accused persons on the basis of the enquiry held under section 202 Cr.P.C. in the aforesaid complaint petition filed by the petitioner. The grievance of the petitioner is that on the basis of the materials available on record, learned Judicial Magistrate ought to have taken cognizance under [STATUTE] . also. After having heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf Patna High Court CR. REV. No.1341 of 2009 (3) dt.30-11-2012 2/2 of the State, this Court is not inclined to exercise its revisional jurisdiction at this stage for interfering with the impugned order, as the petitioner has got an adequate and alternative remedy under section 216 Cr.P.C. Once the trial proceeds against the accused persons and witnesses are examined on behalf of the prosecution, and if materials are found for constituting offence under [STATUTE] ., then the petitioner would be at liberty to file a petition under section 216 Cr.P.C. for amendment of charge. If such a petition is filed by the petitioner at an appropriate stage before the learned trial court, then the same may be heard and disposed of, in accordance with law, after giving opportunity of hearing to all concerned. The application stands disposed of with the aforesaid observations and directions. RPS/- (Birendra Prasad Verma, 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.