Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13794 of 2012 ====================================================== 1. Md. Khurshid Alam Ansari, son of late Abedin Ansari, resident of Sis Mahal Colony, P.S.- Alamganj, District- Patna 2. Md. Shaud, Son Of Late Nasir Ahmad, resident of Chakrahmat, Ward No. - 31, Darbhanga .... .... Petitioner/s Versus 1. The State of Bihar 2. Awadhesh Kumar Sharma, son of Late Kunj Bihari Sharma, resident of Morwa, P.S.- Musri Gharari, District- Samastipur .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4/ 18-10-2012 Heard learned counsel for the Petitioners. None appears on behalf of the Opposite Party No.2. The Petitioners seek quashing of the entire proceeding including order dated 09.02.2012 passed by the Chief Judicial Magistrate, Samastipur, in Complaint Case No.515 of 2010 by which he has taken cognizance under [STATUTE] . The case of the Complainant is that on 07.04.2010 when he had gone to the Block Office for certain enquiry the accused persons with their Body Guards came and using objectionable language told the Complainant and the witnesses to get out of the Campus and also manhandled him. Counsel for the Petitioners submits that they are Sub- Patna High Court Cr.Misc. No.13794 of 2012 (4) dt.18-10-2012 2 / 2 2 Divisional Officer and Circle Officer and on the said date there was inspection of the Block in which outsiders were not permitted to be present and since the Complainant was asked leave the place he took it as a personal affront upon his prestige and instituted the present Complaint. It has further been submitted that even conceding the allegation in the Complaint, the Petitioners would be covered under [STATUTE] . Even though the Opposite Party No.2 has appeared through a duly executed vakalatnama, but none appears on his behalf on the third consecutive date. Accepting the submissions advanced on behalf of the Petitioners and having gone through the Complaint, I am of the firm view that continuance of the proceeding would be gross abuse of process of the Court. In view of such, entire proceeding including order dated 09.02.2012 passed by the Chief Judicial Magistrate, Samastipur, in Complaint Case No.515 of 2010 taking cognizance under [STATUTE] is hereby quashed. The application stands allowed. JA/- (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.