Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.896 of 2011 ====================================================== 1. Mantosh Kumar 2. Santosh Kumar, both sons of late Ram Ashish Singh 3. Shanti Kuer, wife of late Ram Ashish Singh, all resident of Muhalla New Deiliya, Ward No.21, P.O. + P.S. Dehri, District- Rohtas. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Satya Prakash Singh, son of late Ishwar Dayal Singh, resident of Village- Makrain, P.O.+ P.S. Dalmiya Nagar, District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sidhnath Harsh, Advocate. For the Opposite Party/s : Mr. Yogendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 13-02-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 1.9.2010 passed by the Chief Judicial Magistrate, Rohtas at Sasaram in Complaint Case No.704 of 2010, Tr. No. 2272 of 2010 by which the learned Magistrate has taken cognizance against the petitioners under [STATUTE] . According to the complaint petition on 31.5.2010 at about 8.15 P.M. the petitioners armed with pistol along with three others entered into the house of the complainant and started abusing him. It has been alleged that petitioner no.3 Patna High Court Cr.Misc. No.896 of 2011 (2) dt.13-02-2012 2 / 2 2 asked the complainant to sign on four blank stamp papers, so that the complainant’s house could be transferred in the name of the petitioner’s daughter. On protest the petitioners assaulted the complainant and forcibly took signature of the complainant. Learned counsel for the petitioners submits that there is a case and a counter case. He further submits that it is a malicious prosecution with a view to harass and humiliate the petitioners. At this state, this Court is not inclined to interfere with the impugned order. This application is dismissed with a liberty to the petitioners to raise all the points before the trial court at the appropriate stage. Vinay/- (Shivaji Pandey, 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.