Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3607 of 2012 ====================================================== 1. T. Bala Krishna S/o Late T. Lakshmi Narain Sharma, at present Dy. General Manager (H.R), Indian Oil Corporation, Barauni Refinery residing at Refinery Colony, P.S. Town, Distt. Begusarai 2. Pyali Chakraborty W/o Sri Abhijit Chakroborty, Senior Human Resource Manager, Indian Oil Corporation, Barauni Refinery residing at Refinery Colony, P.S. Town, Distt. Begusarai .... .... Petitioner/s Versus 1. The State of Bihar 2. Yogendra Das S/o Ramchandra Das, R/o Vill. Maida Bhabhangama, Police Station Birpur, Distt. Begusarai .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. K.N. Gupta, Advocate For Opposite Party No.1 : Mr. Uday Pratap Singh, A.P.P. For Opposite Party No.2 : Mr. Shashi Bhushan Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 30-11-2012 The Petitioners seek quashing of the entire proceeding including the order dated 20.9.2011 passed by the Chief Judicial Magistrate, Begusarai in Complaint case No.485C of 2011, by which he has taken cognizance under [STATUTE] . The case of the Complainant is that he had appeared in an examination held by I.O.C. Refinery, whereafter the results were published on the notice board. However, the same was torn and, therefore, the Complainant did not know as to whether he had succeeded or not. Further the result of the oral examination was also not pasted on the notice board. It is for this reason that in the Patna High Court Cr.Misc. No.3607 of 2012 (3) dt.30-11-2012 2 2 morning of 23.3.2011 when he saw the Petitioners taking in morning walk he enquired from them as to what had happened in the result, on which they abused him taking his caste name and insulted him by uttering objectionable words. It has been submitted on behalf of the Petitioners that they are the Deputy General Manager (H.R.) and Senior Human Resource Manager, Indian Oil Corporation, Barauni Refinery and it is absurd to imagine that they would have acted in the manner as alleged. In fact the complaint has been filed by a disgruntled aspirant in an exam having been held in the Refinery in which the Petitioners have no personal interest. On the other hand, the Counsel for the Complainant submits that previously examination had been held by the Refinery but it stood cancelled, whereafter the fresh examination was held. It is under these circumstances that the Complainant did not know about the result of the examination and generally enquired from the accused persons, at which they got enraged and insulted him, therefore they are fit to be prosecuted. Having gone through the complaint petition, I am firmly of the view that the present complaint is absolutely absurd and no prudent person would accept the allegations as levelled by the Complainant. Patna High Court Cr.Misc. No.3607 of 2012 (3) dt.30-11-2012 3 3 In view of such, the application is allowed and the entire proceeding including the order dated 20.9.2011 passed by the Chief Judicial Magistrate, Begusarai in Complaint case No.485C of 2011 is hereby quashed. However, the quashment of the criminal prosecution will have no bearing at any other claim if subsisting between the parties. Narendra/- (Anjana Prakash, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.