Case Facts:
Patna High Court Cr.Misc. No.34492 of 2009 (2) dt.14-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34492 of 2009 ====================================================== Sheo Paswan .... .... Petitioner/s Versus State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ghanshyam Tiwary For the State : Mr. Bipin Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 14-03-2012 Heard learned counsel for the parties. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 14.12.2007 passed in Complaint case No. 794 © of 2007 by the Court of Sri Lalta Prasad, Judicial Magistrate, Ist Class, Danapur , summoning the accused named in the complaint petition including the petitioner on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] . Learned counsel appearing for the petitioner made submission that at the alleged time of the occurrence as detailed in the complaint petition, the petitioner was on duty which would be evident from Annexure-3, the certificate issued by the Sub- Divisional Officer, B.S.N.L, Danapur, Patna. It is also submitted that co-accused Chandra Bharti, who is son of the petitioner has Patna High Court Cr.Misc. No.34492 of 2009 (2) dt.14-03-2012 lodged the complaint case No. 437 © of 2007 against the complainant Ram Dutt Singh on 18.5.2007 in the Court of Additional Chief Judicial Magistrate, Danapur, due to that reason this false complaint case has been filed by the complainant Ram Dutt Singh in which through impugned order petitioner and other accused is named in complaint petition have been summoned. On perusal of the impugned order it appears that the learned ACJM on going through the complaint petition, S.A. of the Complainant and the statement of the witnesses arrived at the conclusion that prima facie case under [STATUTE] is made out. At the time of summoning the accused named in the complaint petition, on enquiry under section 202 of the Cr.P.C., the Magistrate is not required to look into the defence, if any. As such I find no illegality amounting to abuse of the process of the Court for interference under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. However, the petitioner is at liberty to raise all points, raised herein, in trial Court at appropriate stage. Arun Kumar/- (Rajendra Kumar Mishra, J) Patna High Court Cr.Misc. No.34492 of 2009 (2) dt.14-03-2012

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.