Case Facts:
Patna High Court Cr.Misc. No.22608 of 2010 (5) dt.04-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22608 of 2010 ====================================================== 1. Raghubir Choudhary son of late Jageshwar Choudhary. 2. Amit Kumar Choudhary son of Raghubir Choudhary. 3. Pintu Choudhary son of Raghubir Choudhary. All residents of Main Road Begusarai, P.S.-Town, District- Begusarai. 4. Ashok Prasad son of Ram Chandra Prasad, resident of Mohalla- Pokharia, P.S.-Town, District-Begusarai. .... .... Petitioners Versus 1. The State Of Bihar. 2. Bhim Sah son of late Biso Sah, resident of Mohalla-Jagir, P.S.- Town, District-Begusarai. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 5 04-12-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 09.04.2010 passed in Complaint Case No. 2969 of 2009 by the Court of Sri Nishant Kumar Priyadarshi, whereby the learned Magistrate summoned the accused-petitioners, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] against the accused- petitioners. Learned counsel for the petitioner submits that petitioner no. 1, Raghubir Choudhary, had filed the Complaint Patna High Court Cr.Misc. No.22608 of 2010 (5) dt.04-12-2012 Case No. 2781-C of 2009 against the complainant/opposite party no. 2 and others. Due to that reason, the opposite party no. 2 has filed this false complaint case against the petitioners. On perusal of the impugned order, I find no any illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise all points, raised herein, at appropriate stage in trial court. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 384

Statute Text:
Section 384 of the Indian Penal Code. Extortion. Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.