Case Facts:
Patna High Court Cr.Misc. No.34493 of 2009 (2) dt.07-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34493 of 2009 ====================================================== 1.Vishnudeo Singh 2.Gajendra Goapl Gaurav 3. Bal Ram Singh 4. Shailendra Kumar 5. Dhananjay Kumar @ Dhananjay Rai 6. Upendra Kumar 7. Nakul Rai 8. Ashok Rai 9.Pappu Rai .... .... Petitioner/s Versus 1.State Of Bihar 2. Ram Ishwar Rai .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Devendra Prasad For the State : Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 07-03-2012 This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 3.7.2009 passed in Maner P.S. Case No. 20 of 2009 by the Court of Additional Chief Judicial Magistrate, Danapur taking cognizance of the offences under [STATUTE] against the accused-petitioners. Learned counsel appearing on behalf of the petitioners submits that the Opposite party No.2 Ram Ishwar Rai has filed false case i.e. Maner P.S. case No. 20 of 2009 only in the counter blast of Maner P.S. case No. 272 of 2008 as lodged on the basis of the written report of Petitioner No.2 Gajendra Patna High Court Cr.Misc. No.34493 of 2009 (2) dt.07-03-2012 Goapl Gaurav in which Opposite party no.2 and others were accused and the police on investigation submitted the charge- sheet in that case. It is also submitted that petitioner no.1 Vishnudeo Singh is retired Divisional Engineer of Telephone Department and petitioner no.2 is student of Engineering College while petitioner no.5 Dhananjay Kumar is the teacher of Primary School and living at district Saran, as such all the family members have been falsely implicated in the case. Perused the impugned order. The learned ACJM on perusal of the charge-sheet and the case diary arrived at the conclusion that prima facie case under [STATUTE] is made out. Apparently, there is no illegality in the impugned order amounting to abuse of the process of the Court for interference in inherent jurisdiction. Accordingly, this application is dismissed. As far as submission on behalf of the learned counsel for the petitioners on the point of defence is concerned, he is at liberty to raise the defence in trial Court at appropriate stage. Arun Kumar/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 149

Statute Text:
Section 149 of the Indian Penal Code. If an offence be committed by any member of an unlawful assembly, every other member of such assembly shall be guilty of the offence. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.