Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8330 of 2011 ====================================================== Ram Narayan Singh & Ors. .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Adv. For the Opposite Party/s : Mrs. Rina Sinha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 27-06-2012 Heard learned counsel for the petitioners and he State. In this case, the court below has taken cognizance vide order dated 23rd September 2010 for the offences [STATUTE] allegation has been made that the informant constructed a house over the Khatiyani and ancestral land but the petitioners in order to Patna High Court Cr.Misc. No.8330 of 2011 (3) dt.27-06-2012 2 / 2 2 take over the property were putting pressure to leave and go elsewhere. On refusal, petitioners interned into the house and assaulted the complainant and other inmates which led to filing of the present case and the court below finding prima facie case against the petitioners, took cognizance. Counsel for the petitioners submits that one Police case being Samastipur Mufassil P.S.Case No. 113 of 2010 was lodged for the same occurrence and the same is still pending. He further submits that there cannot be two parallel proceeding for the same occurrence, one in the shape of complaint case and the other in the shape of Police case. There is force in the submission of the learned counsel for the petitioner. Let both the cases be clubbed together and the court below will proceed with the matter in accordance with law. This petition is accordingly, disposed of. Jay/- (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.