Case Facts:
Patna High Court Cr.Misc. No.11312 of 2011 (2) dt.10-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11312 of 2011 ====================================================== 1. Harshvardhan Pathak S/O Avinash Chandra Pathak R/O Mohalla - Bichala Telpa, Post - Chapra, P.S. Chapra Town, District - Saran At Chapra 2. Abhinash Chandra Pathak S/O Late Tribhuvan Nath Pathak R/O Mohalla - Bichala Telpa, Post - Chapra, P.S. Chapra Town, District - Saran At Chapra 3. Bulaki Pathak @ Sanjay Kumar Pathak S/O Late Rameshwar Pathak R/O Mohalla - Bichala Telpa, Post - Chapra, P.S. Chapra Town, District - Saran At Chapra 4. Manoj Pathak @ Manoj Kr. Pathak S/O Ashok Kumar Pathak @ Gopal Pathak R/O Mohalla - Bichala Telpa, Post - Chapra, P.S. Chapra Town, District - Saran At Chapra .... .... Petitioner/s Versus 1. The State Of Bihar 2. Rakesh Kumar S/O Late Govind Sah R/O Mohalla - Bichala Telpa, Post - Chapra, P.S. Chapra Town, District - Saran At Chapra .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bindhyachal Singh, Adv. Mr. Ram Binod Singh, Adv. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 10-07-2012 Heard learned counsel for the petitioners and the State. In this case, it appears that the allegation has been made by the complainant that on 3rd June 2009, the petitioners entered into the shop and demanded Rs.50,000/-. When it was refused, petitioner Harvardhan Pathak had taken away Rs.3,700/- from the cash box and when it was objected Bulaki Pathak took him at the point of country made pistol and threatened that if he raised alarm he would be killed. Thereafter Abhinash Chandra Patna High Court Cr.Misc. No.11312 of 2011 (2) dt.10-07-2012 Pathak and Manoj Pathak started assaulting the complainant with fist and slaps. When his son namely, Mukesh Kumar came to rescue to the complainant, they also assaulted him and took away money. This led to institution of Complaint Case No.1975 of 2009 and the court, on the basis of materials available on the record, took cognizance for the offences [STATUTE] s, by and large, a dispute of landlord and tenant and the present case is a malicious prosecution as the complainant wants to continue with the tenancy illegally. He has also brought to the notice of this Court that a case was filed by the complainant of this case in Cr.W.J.C.No. 491 of 2009 where this Court has given direction to the complainant of this case to file a petition before the Superintendent of Police and, accordingly, on the application filed by the complainant, the matter was enquired into and it was found that lock of both the sides were there in the building. It has been submitted that the allegation is out and out frivolous and not sustainable in law. At the stage of cognizance, the court is required to see only prima facie case . The defence that has been raised by the petitioners cannot be seen at this stage because the court will confine its view with regard to the statements in the complaint petition or otherwise. It also appears that Cr.Misc.No. Patna High Court Cr.Misc. No.11312 of 2011 (2) dt.10-07-2012 12959 of 2012 was filed before this Court and this Court vide order dated 29th March 2012 passed the order giving liberty to raise all the points at the time of framing of charge. Looking to the allegation and counter allegation, it appears that the court below has not committed any illegality and this Court does not find any error in the order impugned. However, liberty is given to the petitioners to raise all the points at the appropriate stage of trial. This petition is, accordingly, disposed of. Jay/- (Shivaji Pandey, 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.