Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29078 of 2008 ====================================================== 1. Uday Narayan Rai, son of Ram Surat Rai, resident of village-Civil Lines, Buxar, P.S. Buxar (Town), District-Buxar. 2. Dabbu Choubey. 3. Pappu Choubey. Both are sons of Kamta Choubey. Both are resident of village-Sikroul, P.S. Rajpur, District-Buxar. 4. Narayan Mishra, son of Late Sri Niwas Mishra, resident of village- Charitravan Buxar, P.S. Buxar (Town), District-Buxar. 5. Rajendra Ojha, son of Late Prabhunath Ojha, resident of village- Baraka Sighanpura, P.S. Simari, District-Buxar. 6. Prem Kumar Tiwary, son of Bhrigunath Tiwary, resident of village- Civillines, P.S. Buxar (Town), District-Buxar. 7. Krishna Nand Singh @ Tunnu Yadav, son of Rameshwar Yadav, resident of village- Civil Lines near Durga Cinema, P.S. Buxar (Town), District-Buxar. .... .... Petitioners. Versus 1. The State of Bihar. 2. Rama Nand Mishra, son of Bharat Narayan Mishra, Resident of village-Vishwamitra Aashram Chavitravan Buxar, P.S. Buxar (Town), District-Buxar. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioners : Mr. Digvijay Kumar Ojha, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. For the O.P. No.2 : Mr. Ram Naresh Sharma, Advocate. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV ORDER 8 15-02-2012 The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 22.6.2005 passed in Complaint Case No.523(C) of 2004 by the Sub Divisional Judicial Magistrate, Buxar, summoning the accused named in the complaint petition including the petitioners, on inquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under Sections 147, 323, 379 and 448 of the Indian Penal Patna High Court Cr.Misc. No.29078 of 2008 (8) dt.15-02-2012 2 / 6 2 Code against them. 2. In brief, the case is that the opposite party no.2, Rama Nand Mishra, filed the complaint petition, numbered as Complaint Case No.523(C) of 2004 against the petitioners and two others alongwith some unknown persons in the court of the Chief Judicial Magistrate, Buxar, alleging therein that on 22.8.2004, he was informed by his ‘Pujari’, Pawan Kumar Dubey, about committing the loot by the accused, named in the complaint petition, including the petitioners armed with dangerous weapons by breaking the lock of the gate of the compound of Khaki Baba. Thereafter, he alongwith the witnesses rushed at the place of occurrence and forbade the accused, on which all the accused attacked at him and he was caught hold of by the accused, Kamta Chaubey and the accused-petitioner no.7, Krishna Nand Singh alias Tunny Yadav. At that time, on the order of the accused-petitioner no.1, Uday Narayan Rai, the accused-petitioner no.6, Prem Kumar Tiwary, fired with an intention to kill him but the pellet passed nearby his head. The information was given to the police station and the superintendent of police on telephone, on which the Office Incharge of Buxar Police Station came and carried the accused-petitioner no.6, Prem Kumar Tiwary, with him but under conspiracy of the accused, the F.I.R. was not lodged. Patna High Court Cr.Misc. No.29078 of 2008 (8) dt.15-02-2012 3 / 6 3 3. After filing of the aforesaid complaint petition by the opposite party no.2, Rama Nand Mishra, on inquiry under Section 202 of the Code of Criminal Procedure, the Sub Divisional Judicial Magistrate, Buxar, summoned all the accused, named in the complaint petition, including the petitioners, finding prima facie case under [STATUTE] against them through the impugned order dated 22.6.2005. 4. Learned counsel for the petitioners made submission that from the complaint petition itself, it would appear that the place of occurrence is said to be the compound of Khakhi Baba, Buxar, where M.V. College, Buxar, is running. As such, the place of occurrence is the M.V. College, Buxar and the said land was in the possession of M.V. College, Buxar since more than 50 years back on being donated by Maharaja Dumraon Kamal Singh to the governing body of M.V. College, Buxar on 1.2.1958 by registered deed. Thereafter, Khatiyan was prepared in the name of M.V. College, Buxar. In the campus of M.V. College, there is temple of Sri Ram Janki Mandir and Kaldhatriji and for the Rag-Bhog in the temple, Bharat Narayan Mishra, the father of the opposite party no.2, Rama Nand Mishra, was appointed but, later on, due to not performing the duty properly by him, he was removed from the post of ‘Pujari’ on 1.7.1996 and all management of the temple was Patna High Court Cr.Misc. No.29078 of 2008 (8) dt.15-02-2012 4 / 6 4 handed over to the Vice Chancellor of Veer Kunwar Singh University, Ara, through power of attorney dated 18.7.1996. Thereafter, the Vice Chancellor of Veer Kunwar Singh Universty, Ara, directed the Principal of M.V. College, Buxar, to take the charge from Bharat Narayan Mishra through letter dated 5.7.1996. Due to that reason, the opposite party no.2 started creating trouble and filed the Title Suit No.128 of 1979 for taking the possession of the land of M.V. College but the petition for mandatory injunction was rejected on 11.10.2004 by the Sub Judge-III, Buxar. Against the aforesaid order dated 11.10.2004, the opposite party no.2 preferred the Misc. Civil Appeal No.13 of 2004 but the same was also dismissed holding the possession of the college over the disputed land. As such, the opposite party no.2 has filed this false complaint case only with a view to put undue pressure against the Principal and the other officials of the M.V. College, Buxar, so that they may not protect the interest of the college with respect to the disputed land. Learned counsel for the petitioners made further submission that Kamta Chaubey, one of the accused of the a

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.