Case Facts:
Patna High Court Cr.Misc. No.36512 of 2011 (4) dt.13-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36512 of 2011 ====================================================== 1. Diwakar Singh S/O Parmeshwar Singh R/O Village - Marpa Mohan, P.S. Phenhara, District - East Champaran 2. Ram Roop Singh S/O Parmeshwar Singh R/O Village - Marpa Mohan, P.S.-Phenhara, District - East Champaran 3. Rakesh Singh S/O Ram Roop Singh R/O Village - Marpa Mohan, P.S.- Phenhara, District - East Champaran 4. Subodh Singh S/O Ram Roop Singh R/O Village - Marpa Mohan, P.S.- Phenhara, District - East Champaran 5. Shambhu Sahni S/O Dukha Sahni R/O Village - Marpa Mohan, P.S.- Phenhara, District - East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Shambhu Singh S/O Ram Saresth Singh R/O Village - Marpa Mohan, P.S.-Phenhara, Distt. - East Champaran .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.9235 of 2011 ====================================================== Diwakar Singh & Ors. .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.36512 of 2011 and Cr.Misc. No.9235 of 2011) For the Petitioner/s : Mr. Anis Akhtar, Asif, Kalim, Mahtab Alam, and A. Siddiqui Advs. For the Opposite Party/s : Md. Anisur Rahman, Adv. For the State : Mr. Manoj Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 13-12-2012 (In Cr. Misc. No. 9235/2011) Heard the counsel for the petitioners, counsel for the State and counsel for the opposite party. With the consent of the parties, common order is Patna High Court Cr.Misc. No.36512 of 2011 (4) dt.13-12-2012 passed in both cases. In this case, petitioners are challenging the order dated 14th September 2010 passed in Cr. Rev. No. 21/2010 by the District and Sessions Judge, Motihari whereby and whereunder he has set aside the order dated 17th December 2009 passed by the Judicial Magistrate 1st class, Sikrana, Motihari in Complaint Case No. C-220 of 2007 who had rejected the complaint application [STATUTE] asic fact is that the complaint petition was filed by O.P. No. 2 and the same was registered as Complaint Case No. C-220 of 2007 as the Magistrate did not find any merit and rejected the complaint petition. Being aggrieved by order, the O.P. No. 2/complainant filed a criminal revision application vide Cr. Rev. No. 21/2010 and by order dated 14th September 2010 the Sessions Court allowed the revision application and remanded back the matter to the Magistrate. But the Sessions Court before passing the order was required to hear the petitioner. It is an admitted fact that the petitioner was not made a party to the revision application and without giving him notice, his case was heard and the order of Judicial Magistrate 1st class was set aside and the matter was remanded back to the Magistrate for re-consideration. As it Patna High Court Cr.Misc. No.36512 of 2011 (4) dt.13-12-2012 appears that after the order dated 14.9.2010, the Judicial Magistrate 1st class vide order dated 13.1.2011 took cognizance for offences under [STATUTE] . As the order dated 14.9.2010 cannot survive and in consequence thereof order by which the Judicial Magistrate 1st class took cognizance also cannot survive Accordingly order dated 19.4.2010 and 13.1.2011 are set aside and the matter is remanded back to the Sessions Court to pass the fresh order after giving opportunity to the petitioner in accordance with law. The Sessions Court will pass the order within three months from the date of receipt/production of copy of this order. With this observation and direction, both cases are disposed of by this common order. Mahesh/- (Shivaji Pandey, 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.