Case Facts:
Patna High Court Cr.Misc. No.42188 of 2010 (2) dt.10-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42188 of 2010 ====================================================== 1. Md.Paplu, S/O-Md. Rafiq 2. Md. Afroj, S/O-Md. Khalil 3. Anisha Khatoon, W/O- Md. Khalil 4. Amna Khatoon, W/O-Md. Rafiq 5. Bhuli Khatoon, W/O-Abdul Sakur 6. Abdul Sakur, S/O-Md. Niyamat All are resident of Rasiyari Pirantol, P.S.-Ghanshyampur, District- Darbhanga .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 10-07-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State on the point of admission and, in my view, this petition can be disposed of on admission stage itself. Petitioners have prayed for quashing the order taking cognizance dated 21.06.2010 by which and whereunder learned Sub Divisional Judicial Magistrate, Biraul at Benipur took cognizance under [STATUTE] against the petitioners. Petitioners were made accused in Ghanshyampur P.S. Case No. 28 of 2010 registered under [STATUTE] on the allegation that they assaulted the informant as well as his other family members. Patna High Court Cr.Misc. No.42188 of 2010 (2) dt.10-07-2012 Police after investigation submitted charge-sheet and having receipt of the charge-sheet, learned court below passed the impugned order dated 21.06.2010 against which this quashing petition has been filed. The contention on behalf of the petitioners is that as a matter of fact, prosecution party assaulted the petitioners for which petitioner, Abdul Sakur lodged Ghanshyampur P.S. Case No. 29 of 2010 registered under [STATUTE] against the prosecution party. It is further contended by him that no case under [STATUTE] is made out and as a matter of fact, the present case has been filed by the prosecution party to save their skin from Ghanshyampur P.S. Case No. 29 of 2010. Although, learned counsel for the petitioners tried to convince me about the innocence of the petitioners but I am not, at all, convinced with the above stated submissions. No doubt, there is case and counter case between the parties but both the cases would be decided on their own merits and it is not a proper stage to make any comment in respect of merit of the aforesaid cases. Considering the aforesaid facts and circumstances as well as submissions of the parties, this petition stands dismissed Patna High Court Cr.Misc. No.42188 of 2010 (2) dt.10-07-2012 on admission stage itself. However, petitioners may raise their pleas at appropriate stage before the lower court. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 337

Statute Text:
Section 337 of the Indian Penal Code. Causing hurt by an act which endangers human life, etc. Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.