IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50957 of 2007 1. UMA SHANKAR MISHRA @ CHOTAK MISHRA, S/o – Ram bihari Mishra, alias Ras Bihari Mishra, 2. Ram Bihar Mishra alias – Ras Bihari Mishra, alias badan Mishra, son of Late. Raghunath Mishra, 3. Kunj Bihari Mishra son of Late Raghunath Mishra, 4. Shashi Bhushan Mishra, S/o – Late Awadh Bihari Mishra, 5. Radha Prasad Mishra, S/o – shri Bipin Bihari Mishra, 6. Bhagwati Prasad Mishra, alias Mutan Mishra S/o – Late Awadh Bihari Mishra, 7. Ravi Bhushan Mishra S/o – late Awadh Bihari Mishra, 8. Brij Bhushan Mishra alias Ghutan Mishra, S/o – late Awadh Bihari Mishra. All resident of village Kaithi, P.S. – Bagan Gola, Distt. – Buxar. --------------- Petitioners. Versus 1. STATE OF BIHAR 2. Gopaljee Mishra, S/o – late Ganesh Mishra Vill. + Post – Kaithi, P.S. – Bagan Gola, Distt. – Buxar. -------------- Opposite Parties. ----------- For the petitioner : Mr. Shankar Dayal Singh, Advocate For the State : Mr. Ajay Mishra, APP. ---------- 3 02.04.2010 Heard learned counsel for the petitioners, State and opposite party no. 2. This is an application under section 482 of the Code of Criminal Procedure seeking quashing of the order dated 10.10.2007, passed in Session Trial No. 44/2005, passed by learned Additional District and Sessions Judge, Fast Track Court Vth Buxar, refusing the petition filed by the petitioners under Section 227 of the Criminal Procedure Code and order of framing of charge under section 307 and 27 of the Arms Act. It is admitted case of the parties that there are two cases one filed at the instance of applicants against the opposite party bearing Bagan Gola P.S. Case No. 12/2000, 2 whereas instant case has been filed at the instance of opposite party no. 2 against the applicants bearing Bagan Gola P.S. Case No. 11/2000. The case has already arrived at the instance of the trial court. Whereas instant case is pending disposal after impugned order. Operation of the impugned order has already been stayed. Since further proceedings of the case has already stayed by this Court vide order dated 30.01.2009. It is submitted by learned counsel for the petitioners that there is nothing on record to show that intention of applicant was ever to kill any one even if entire allegation as contained in fardbeyan stating to be true. Learned counsel further drew my attention towards contents of fardbeyan wherein it is stated that miscreants arrived with Lathi, Bhala, country made gun and rifle started abusing and when there was protest, informant was assaulted by the Butt of a country made gun. Copy of inquiry report is enclosed herewith as Annexure – 2, which indicates one lacerated wound on right side 4 cm. x ½ cm. x 1/8 cm. skull simple in nature with complain of pain. For injury no. 1 X-ray was advised but not produced by injured. On simple reason that in spite of being armed with deadly weapons, there was no repeatition of assault nor deadly side of the weapon was used in the occurrence. Intention of the miscreants appears not to take life of any one. 3 On consideration of this aspect, it is crystal clear that offences under Section307 I.P.C. is not at all attracted in this case and court below could have arriving at this conclusion remitted the case for trial before the lower court in accordance with charge under Section 307 Cr. P.C. is not made out. However, trial shall proceed for other offences not triable by the court of session, but in competent court. With this modification and observation as indicated above, this application stands disposed of. Rajeev/ (Akhilesh Chandra, J.)