Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1528 of 2008 ====================================================== Ramashish Sah, son of late Mahavir Sah, resident of village Shahpur, P.S. Kanti, District Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar 2. Raju Sah 3. Shivshankar Sah 4. Baiju Sah, all are sons of Ganga Sah @ Bhola Sah 5. Ganga Sah @ Bhola Sah son of late Judagi Sah 6. Dinu Sah, son of Shivshankar Sah, all are residents of village Shahpur, P.S. Kanti, District Muzaffarpur .... .... Opposite party/s ====================================================== Appearance : For the Petitioner/s : Mr. K.N.Diwakar, Advocate For the State of Bihar : Mr. Matloob Ram, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 4 20-09-2012 By the impugned order dated 25.9.2008 passed by learned Sub Divisional Judicial Magistrate (West), Muzaffarpur, in connection with Kanti P.S.Case No. 44 of 2008 dated 23.2.2008, cognizance has been taken for offences under [STATUTE] . Grievance of the petitioner (the informant), is that on the basis of materials available on record, offences under [STATUTE] are also made out, therefore, the learned Magistrate should have taken cognizance for those offences also. Patna High Court CR. REV. No.1528 of 2008 (4) dt.20-09-2012 2 / 2 2 This Court finds that the petitioner has an alternative remedy under Section 216 Cr.P.C. as also under Section 323 Cr.P.C. for raising the issues, raised here in the present petition, before the learned trial court at an appropriate stage. It is expected that if such issues are raised at an appropriate stage, indicated above, then the learned trial court shall consider the same in accordance with law and shall pass an appropriate order. In view of availability of alternative remedy to the petitioner under Sections 216 and 323 Cr.P.C., this Court is not inclined to exercise its revisional jurisdiction at this stage. The application stands disposed of with a liberty to the petitioner to raise these issues at an appropriate stage of trial. Kanth/- (Birendra Prasad Verma, J)

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.