Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7884 of 2009 ====================================================== 1. Atim Prasad son of late Anadi Sah. 2. Sona Devi wife of late Anadi Sah. 3. Sudha Devi wife of Rajesh Kumar daughter of late Anadi Sah. All resident of Village-Daudnagar, Suthati Gali, Mohalla, Police Station-Daudnagar, District-Aurangabad. 4. Ajay Prasad @ Ajay Kumar son of Sheo Narayan Sah. 5. Sugan Kumar son of Ajay Prasad. 6. Pushpa Devi wife of Ajay Prasad. 5 to 7 are resident of Village-Lodipur, Police Station-Mehendia, District-Arwal. .... .... Petitioners Versus 1. The State Of Bihar. 2. Rajesh Kumar son of Birendra Prasad, resident of Village- Khurma Bad, Police Station-Siwan Muffasil, District-Siwan, Permanent resident of Village-Sahpur, Police Station-Haspura, District-Aurangabad. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 6 27-04-2012 Heard learned counsel for the petitioners and learned A.P.P. appearing on behalf of State. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 05.12.2008 passed in Complaint Case No. 1967 of 2008, whereby the Court of Sri N.D. Sharma, Judicial Magistrate, 1st Class, Siwan, on enquiry, summoned the accused-petitioners for the offence under [STATUTE] . On perusal of the impugned order, I find no illegality amounting to abuse of the process of the Court for interference in Patna High Court Cr.Misc. No.7884 of 2009 (6) dt.27-04-2012 2/2 inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise their defence, raised herein, at appropriate stage in trial Court. Safik/- (Rajendra Kumar Mishra, J.)

Applicable IPC Section: 380

Statute Text:
Section 380 of the Indian Penal Code. Theft in a building, tent or vessel. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.