Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31215 of 2009 ===================================================== Swarooplal Sardar, son of Yogendra Sardar @ Behru Sardar, resident of village-Hariraha, P.S. Shankarpur, District-Madhepura. .... .... Petitioner. Versus 1. The State of Bihar. 2. Ajit Yadav, son of Yogendra Yadav alias Butan Yadav. 3. Mukesh Yadav, son of Yogendra Yadav alias Butan Yadav. 4. Santosh Yadav, son of Bhupendra Yadav. 5. Raj Kumar Yadav, son of Bhupendra Yadav. All resident of village-Tengraha, P.S. Shankarpur, District- Madhepura. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioner : Mr. Sanjeev Verma, Advocate. For the State : Mr. Satyendra Narain Singh, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------------- 3 27-04-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 15.5.2009 passed in Complaint Case No.29 of 2009, whereby the court of Sri Om Sagar, Judicial Magistrate, First Class, Madhepura, summoned the accused-opposite party nos.2 to 4, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case for the offence under [STATUTE] only, refusing to summon them for the offence under Section 3(x) of the Scheduled Patna High Court Cr.Misc. No.31215 of 2009 (3) dt.27-04-2012 2 / 2 2 Castes and Scheduled Tribes (Prevention of Atrocities) Act and further for quashing the order dated 7.7.2009 passed in Criminal Revision No.42 of 2009, whereby the Sessions Judge, Madhepura, dismissed the aforesaid Criminal Revision as preferred by the petitioner against the aforesaid order dated 15.5.2009. I find no illegality in the order dated 15.5.2009 passed in Complaint Case No.29 of 2009 by the court of Sri Om Sagar, Judicial Magistrate, First Class, Madhepura and in the order dated 7.7.2009 passed in Criminal Revision No.42 of 2009 by the Sessions Judge, Madhepura, amounting to abuse of the process of the court. Accordingly, this application stands dismissed. P.S./- (Rajendra Kumar Mishra, 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.