Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45252 of 2010 ====================================================== Devendra Prasad Sinha , Son of Late Narwadeshwar Prasad, Resident of Mohalla - Patel Nagar, Road No. 5, House No. 17, P.S. Shastrinagar, District – Patna – 800023. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Surendra Prasad Sinha, Son of Late Narwadeshwar Prasad, Resident of Mohalla – East Patel Nagar, Road No. 5, P.S. Shastrinagar, District – Patna – 800023. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 16-05-2012 Heard Sri Dhruv Narayan, learned senior counsel, who was assisted by Sri Abhishek, learned counsel for the petitioner and Sri Ajay Kumar No. 2, learned Additional Public Prosecutor. The sole petitioner, invoking inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 20.9.2010, passed by learned Judicial Magistrate 1st Class, Patna, in Shastrinagar P.S. Case No. 451 of 2009, G.R. No. 5807 of 2009. By the said order learned Magistrate has rejected the petition for discharge filed under Section 239 of the Code of Criminal Procedure on behalf of the petitioner. Learned counsel for the petitioner while assailing the order submits that the informant in the present case is the own brother of the petitioner and allegation in sum and substance Patna High Court Cr.Misc. No.45252 of 2010 (2) dt.16-05-2012 2 / 2 2 pertains to a house situated in Patel Nagar for which a suit was already filed by the petitioner for declaration of title and possession. He further submits that there are other cases also in between informant and petitioner. He submits that maliciously the present case was filed. I have perused the FIR which was registered for the offence under [STATUTE] , wherein, informant had alleged that house wall was removed in his absence and his articles were stolen by the petitioner and his wife. Police after registering the case investigated the same and after finding sufficient material submitted charge sheet. I have also perused the impugned order. After going through the impugned order the court is satisfied that learned Magistrate while rejecting the discharge petition has committed no error. The petition stands dismissed. Praful/- (Rakesh Kumar, J)

Applicable IPC Section: 448

Statute Text:
Section 448 of the Indian Penal Code. House-trespass. Whoever commits house-trespass 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.