Case Facts:
Patna High Court Cr.Misc. No.11156 of 2011 (2) dt.06-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11156 of 2011 ====================================================== Lalan Prasad son of Shivachandra Prasad, resident of village-Gudari Bazar (Sonarpatti) P.S.-Dhaka, East Champaran. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Opposite Party/s : Mr. A.H.Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 06-07-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is aggrieved to the extent that the court below has not taken cognizance under [STATUTE] as it appears from the order dated 26.2.2011 passed in Dhaka P.S. Case No. 169 of 2010. The court below has taken cognizance for offences under [STATUTE] . The counsel for the petitioner has submitted that from the record it appears that the injury sustained by the petitioner, Lalan Prasad and his brother Shashibhushan Prasad are serious in nature and those materials are sufficient to constitute an offence under [STATUTE] . At this stage, this Court does not want to interfere with the order impugned. However, liberty is given to the Patna High Court Cr.Misc. No.11156 of 2011 (2) dt.06-07-2012 petitioner to bring the notice of the court below at the time of framing of the charge to show that materials are sufficient to frame the charge under [STATUTE] . If such application is filed by the petitioner, the court below will examine the material on record and pass the order in accordance with law. Accordingly, this petition is dismissed. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.