IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55899 of 2007 1. BABURAM SINGH, SON OF LATE BANSHI SINGH 2. JITENDRA SINGH 3. UPENDRA SINGH, BOTH SONS OF BABURAM SINGH 4. RAGHUNANDAN SINGH, SON OF SITARAM SINGH 5. KANTI DEVI, DAUGHTER OF RAGHUNANDAN SINGH ALL RESIDENT OF VILLAGE THAKURICHAK, P.S. PHULWARIA, DISTRICT GOPALGANJ. ---- PETITIONERS Versus 1. THE STATE OF BIHAR. 2. BISHWANATH CHOUDHARY, SON OF JAGDISH CHOUDHARY, RESIDENT OF VILLAGE THAKURICHAK, P.S. PHULWARIA, DISTRICT GOPALGANJ ---- OPPOSITE PARTIES For the Petitioners :- Mr. Suresh Prasad Bhakta, Advocate For the State :- Mr. S. Ehteshamuddin, A.P.P. ----------- 3 29.3.2010 Heard the parties. This application has been filed for quashing the order dated 9.10.2007, passed by the Chief Judicial Magistrate, Gopalganj in Phulwaria P.S. Case No. 30 of 2007. Learned counsel for the petitioners submits that the order of cognizance is bad on the ground that no offence is made out under Section 307 of the Indian Penal Code. The Court below while passing the order of cognizance had to see prima facie whether case is made out. This court cannot go into details with respect to the allegations at this stage of the case. The proper stage to raise the question as to whether Section 307 of the Indian Penal Code would be applicable would be at the time of framing of charges, when the Court will examine the manner of occurrence, weapon used, circumstances surrounding the occurrence and the medical evidence. This application is disposed of with the aforesaid observation. Sanjay (Sheema Ali Khan, J.)