Case Facts:
Patna High Court Cr.Misc. No.1444 of 2010 (5) dt.16-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1444 of 2010 ====================================================== 1. Naresh Das 2. Sanjeet Das 3. Dharmendra Das All sons of Mahendra Das resident of village Shivachak Gonpura P.S.- Phulwarisharif District-Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. Pankaj Kr. S/O-Shri Sarvjit Pd village-Shivachak Gonpura P.S. Phulwarisharif District-Patna .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 16-08-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State on the point of admission. None appeared on behalf of the Opposite Party No. 2 though notice has already been served upon father of Opposite Party No. 2. Petitioners have prayed for quashing the order dated 17.04.2009 passed by Smt. Nur Sultana, Judicial Magistrate, 1st Class , Civil Court, Patna in Complaint Case No. 459 C of 2009 by which and whereunder she having found prima facie case under [STATUTE] ordered to issue summons against the petitioners for facing trial. Learned counsel for the petitioners submits that as a Patna High Court Cr.Misc. No.1444 of 2010 (5) dt.16-08-2012 matter of fact, the petitioners are landless labourers and they have constructed their huts on government land but Opposite Party No. 2 wanted to dispossess the petitioners from the aforesaid land and that is why he has brought the aforesaid false case against the petitioners. It is further contended by him that even after issuance of summons, the Opposite Party No. 2 did not make his appearance to controvert the submission of the petitioners. In my view, the aforesaid submission needs investigation which is only possible in course of trial only and it is not a proper stage to quash the impugned order only on the ground of defence of the petitioners. Accordingly, this petition stands dismissed on admission stage itself. However, petitioners may raise their pleas before the trial court at appropriate stage. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.