Case Facts:
Patna High Court Cr.Misc. No.34276 of 2010 (3) dt.14-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34276 of 2010 ====================================================== 1. Bhagelu Sah son of Harihar Sah. 2. Ram Ishwar Sah son of Harihar Sah. 3. Arjun Sah son of Baleshwar Sah. 4. Brijesh Kumar Sah @ Brijesh Prasad son of Bhagelu Sah. All residents of Village-Sisai Tola, Murarpur, P.S.-Gorakothi, District-Siwan. .... .... Petitioners Versus 1. The State Of Bihar. 2. Dharmendra Prasad son of late Babulal Pd. Resident of Village- Sisai Tola Murarpur, P.S.-Goreakothi, District-Siwan. .... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Naresh Prasad, Adv. For the State : Mrs. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 14-12-2012 Heard learned counsel for the petitioner 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 02.08.2010 passed in Complaint Case No. 2732 of 2009 by the Court of Sri D. Kumar, Judicial Magistrate, Siwan, whereby the learned Magistrate summoned the accused-petitioner, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] . Learned counsel for the petitioner submits that in complaint petition of opposite party no. 2, Dharmendra Prasad, the Patna High Court Cr.Misc. No.34276 of 2010 (3) dt.14-12-2012 occurrence is said to be of 25.11.2009 at about 9:00 P.M. to 9:45 P.M. In fact, on the same day at about 6:00 P.M. the opposite party no. 2 and his associates brutally assaulted the petitioners and petitioners were rushed to Sadar Hospital, Siwan and thereafter referred to Gorakhpur for treatment. Regarding the said occurrence, Goreakothi P.S. Case No. 71 of 2009 was lodged under [STATUTE] . Due to that grudge, this false complaint case has been filed only to harass, in which the impugned order summoning the accused- petitioners has been passed. 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: 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.