Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7676 of 2009 ====================================================== Ram Sobhit Rai, son of late Bholi Rai, resident of village Majhauli, P.S. Vaishali (Belsar O.P.), Distt. Vaishali at Hajipur. .... .... Petitioner/s Versus 1. The State of Bihar 2. Vishwanath Prasad Singh, son of late Munshi Singh, resident of village Paterha, P.S. Vaishali (Belsar O.P.), Distt. Vaishali. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. V.K. Singh, Adv. Mr. Pankaj Kr. Singh-1, Adv. For the State. : Mr. R.C. Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3. 06-04-2012 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 15.11.2008 passed by the Sessions Judge, Vaishali at Hajipur in Cr. Revision No. 239 of 2008 by which he has affirmed the order dated 15.6.2007 passed by the Judicial Magistrate, 1st Class, Hajipur, in Complaint Case No. CI-258 of 2005, Trial No. 1250 of 2008. The case of the Complainant is that when he was returning from the Market, he met the petitioner where he demanded to return Rs. 5,000/- which he owed to him but instead the petitioner is alleged to have threatened him on the point of Patna High Court Cr.Misc. No.7676 of 2009 (3) dt.06-04-2012 2 / 3 2 pistol and taken away a sum of Rs. 5,000/- from him. Initially a First Information Report was instituted which ended in final report but thereafter a protest petition was filed and the Magistrate treating the same as a Complaint, took cognizance in the matter. It has been submitted on behalf of the petitioner that prior to filing of the present case, he had filed a case against the Opposite party No. 2 on 1.2.2005 which has been registered as Vaishali P.S. Case No. 13 of 2005 dated 1.2.2005 under [STATUTE] . The further submission is that the petitioner was a Chowkidar and during discharge of his duties, the Opposite party No. 2 created some problems on account of which First Information Report was instituted. In the background of earlier case instituted by the petitioner, evidently, the present case is malicious in nature. Notices were issued to the Opposite party No. 2 on 25.8.2010 but he has chosen not to appear despite service of notices. I am inclined to accept the submission of the petitioner. At the same time I feel that the First Information Report instituted by the petitioner is also very pelty and frivolous in nature and in the interest of justice, the case instituted by the Patna High Court Cr.Misc. No.7676 of 2009 (3) dt.06-04-2012 3 / 3 3 petitioner should also be quashed. Also because even though the petitioner is the Informant, he has taken no steps to conclude the trial and it is pending since the last 7 years at the initial stage. In view of such, the application is allowed and the entire proceeding in Complaint Case No. CI-258 of 2005, Trial No. 1250 of 2008 as also further proceedings of Vaishali P.S. Case No. 13 of 2005 is hereby quashed. The Chief Judicial Magistrate, Vaishali, is directed to forward this order to the Court in seisin of Vaishali P.S. Case No. 13 of 2005 for the needful. S.Ali (Anjana Prakash, 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.