Case Facts:
Patna High Court Cr.Misc. No.39406 of 2009 (3) dt.27-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39406 of 2009 ====================================================== Kailash Prasad Choudhary @ Kailash Choudhary son of Late Tej Narayan Choudhary, resident of village Bhadaiya, P.S. Mohiuddin Nagar, District Samastipur, presently posted as Block Education Extension Officer, Gogri, Block and P.S. Gogri, District Khagaria .... .... Petitioner/s Versus 1. The State of Bihar 2. Chandramani Choudhary S/o late Krishnadeo Choudhary, R/o village Kanhaiya Chak, P.S. Parbatta, Distt. Khagaria .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Thakur, Advocate For the State : Mr. Ram Naresh Roy, A.P.P. For the O.P.n No.2 Mr. Hare Krishna Kumar, Advocate Mr. Amiya Kunal, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3. 27.3.2012 The petitioner seeks quashing of the order dated 18.9.2009 passed in Complaint case No.963C of 2009, by which Judicial Magistrate, 1st class, Khagaria has taken cognizance u/ss.341, 323 and 504 I.P.C. The case of the opposite party no.2 is that the Regional Education Officer had deputed him in Middle School, Timapur but cancelled the deputation later on. On 4.12.2008 the petitioner came for enquiry in the Middle School, Kanhaiya Chak and pressurized all the teachers of the School to put their signatures on a certain report, which was not correct. The Complainant refused to do so, at which he was assaulted and a sum of Rs.700/- was taken away from his pocket. A First Information Report was instituted on these allegations bearing Parbatta P.S. case Patna High Court Cr.Misc. No.39406 of 2009 (3) dt.27-03-2012 No.242 of 2008, which ended in a final report with recommendation to proceed against him u/ss.182, 211 I.P.C. In the mean while the opposite party no.2 filed a protest petition, which was treated as a complaint and cognizance was taken in the matter. The Counsel for the petitioner submits that bare perusal of the complaint shows that the same had been filed by the opposite party no.2 for extraneous reasons on account of his grudge with the petitioner, who had come to conduct an enquiry and was not agreeable to his report. The further submission is that the final report was submitted in the matter with a recommendation to proceed u/ss.182, 211 I.P.C. speaks volumes on the quality of the complaint. On the other hand, the Counsel for the opposite party no.2 submits that in the facts of the case, a clear case of [STATUTE] . and allied sections is made out since the petitioner is alleged to have behaved in a highhanded manner. On an appreciation of facts enumerated in the complaint, undoubtedly there is an averment that the complainant had grudge with the petitioner on account of their disagreement on a certain fact in issue and in all probability the present case has been instituted to vent ire on account of the same. On such considerations, the application is allowed Patna High Court Cr.Misc. No.39406 of 2009 (3) dt.27-03-2012 and the order dated 18.9.2009 passed in Complaint case No.963C of 2009 by the Judicial Magistrate, 1st class, Khagaria is quashed. Narendra/ ( Anjana Prakash, 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.