Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23397 of 2010 ====================================================== 1. Md. Atikuddin , son of Late Liyaquat Hussain 2. Hazra Khatoon wife of Md. Atikuddin 3. Shafi Alam son of Md. Atikuddin 4. Md. Masi Alam son of Md. Atikuddin 5. Md. Wasi Alam son of Md. Atikuddin 6. Md. Rafique Alam son of Md. Atikuddin 7. Nushrat Praveen d/o Md. Atikuddin All resident of village - Saithpur, Police Station - Mansi District - Khagaria .... .... Petitioner/s Versus 1. The State Of Bihar 2. Md. Nasimuddin son of Late Sahadat Ali Resident of village - Saharsa Basti, Ward No. 38 P.S. and District Saharsa. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md.Rahmatullah For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4 07-09-2012 Heard learned counsel for the petitioners and Sri Diwakar Prasad Singh, learned counsel, who has appeared on behalf of complainant / opposite party no. 2. The present petition was filed with a prayer to quash order dated 1/6/2010, passed in Complaint Case No. 280C of 2010, by Judicial Magistrate, Saharsa. By the said order learned Magistrate has taken cognizance of offence under [STATUTE] . At the very outset learned counsel appearing on behalf of complainant informs the court that in this case charge has Patna High Court Cr.Misc. No.23397 of 2010 (4) dt.07-09-2012 2 / 2 2 already been framed. In view of the fact that charge has already been framed, the court is of the opinion that it would not be advisable for this court to pass any order in respect of order of cognizance. The petition stands disposed of. In view of disposal of this petition, interim order of stay dated 12/9/2011 stands automatically vacated. Praful/- (Rakesh Kumar, J)

Applicable IPC Section: 448

Statute Text:
Section 448 of the Indian Penal Code. House-trespass. Whoever commits house-trespass 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.