SURENDRA TIWARY @ SULENDRA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 8.12.2014 passed by the learned Judicial Magistrate, 1st Class, Daudnagar, in G.R. No. 318 of 2004 arising out of Khudwan P.S. Case No. 14 of 2014 by which the learned Magistrate took cognizance against the petitioners for the offences under Sections 341, 323 and 307/34 of the Indian Penal Code.

(2.) Heard learned counsel for the petitioners and learned counsel for the State.

(3.) Learned counsel for the petitioners has submitted that in the instant case no offence under Section 307 Indian Penal Code is made out, but cognizance has been taken by the court below for the offence under Section 307 Indian Penal Code along with Sections 341 and 323 of the Indian Penal Code on the basis of charge sheet submitted by the police. It has further been submitted that there is no any injury caused to the injured, making ingredient of offence under Section 307 of the Indian Penal Code.