IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.34071 OF 2008 1. NAGENDRA SINGH, SON OF BINDESHWAR SINGH 2. RAMESH SINGH, SON OF BINDESHWAR SINGH 3. SUNIL SINGH, SON OF BINDESHWAR SINGH 4. SANJAY SINGH, SON OF BINDESHWAR SINGH 5. BINDESHWAR SINGH, SON OF LATE SINGARI SINGH 6. MUKESH SINGH, SON OF BINDESHWAR SINGH ALL RESIDENT OF VILLAGE GHARAIYA, POLICE STATION WAZIRGANJ, DISTRICT GAYA …………………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ********** 2 19/03/2010 Heard learned Counsel for the petitioner, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 02.04.2008 passed in Wazirganj Police Station Case No. 5 of 2008 (G. R. Case No. 30 of 2008/1577 of 2008) by which the Chief Judicial Magistrate, Gaya has taken cognizance against the petitioners for the offences under Sections 147, 341, 323, 504, 379 & 307 of the Indian Penal Code. Counsel for the petitioners submits that the case was instituted in the aforesaid sections except Section 307 of the Indian Penal Code. It is submitted that the Court below has not applied his mind and considered whether a case under Section 307 of the Indian Penal Code is made out before taking cognizance under the said sections. 2 In the facts of this case, I find that it would be proper that this question should be raised at the time of framing of the charges. The Court below will consider the nature of the injuries, the weapon used, the intention and the surrounding circumstances before framing of the charges in order to test whether the case would come under the purview of Section 307 of the Indian Penal Code or not. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)