IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10846 of 2008 LOKESH KUMAR & ANR Versus STATE OF BIHAR ----------- 02 23.04.2010 Heard learned counsel for the petitioners and learned counsel for the State. Learned counsel questions the order of cognizance dated 22.3.2007 as affirmed by the Revisional Court in Criminal Revision No. 191 of 2007 dated 12.1.2008. The short submission is that taking the allegation as they are, on their face value, no offence under Section 307 of the Indian Penal Code is made out. The only allegation is of being possessed of fire- arms, but there is no allegation of having used the fire- arms. Even if the allegation of being possessed the fire- arm is correct, strong reliance is placed on illustration (c) of Section 307 of the Indian Penal Code which reads as follows:- “(C). A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this Section, and if by such firing he wounds Z, he is liable to the punishment provided by the latter part of the [first paragraph of] this Section.” Learned counsel for the State opposes the 2 application and submits that the petitioner can avail his defence during the trial. This Court is satisfied that on the face of the allegation read as, it is there is no material whatsoever to invoke Section 307 of the Indian Penal Code. The order of cognizance is quashed to that extent. This shall not prejudice or inhibit the powers of the trial court on the allegations to be exercised in accordance with law insofar as other provisions of law are concerned. The application stands allowed. P.K. ( Navin Sinha, J.)