Case Facts:
Patna High Court Cr.Misc. No.26278 of 2003 (11) dt.11-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26278 of 2003 ====================================================== 1. Sanjib Kumar Nayak 2. Subir Kundu .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.25531 of 2003 ====================================================== 1. M/S Otis Elevator Company (India) Ltd. 2. Ashok Malhotra 3. Paresh K. Dixit 4. Ajay Manhans .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.26278 of 2003) For the Petitioner/s : Mr. B. K. Sinha- Sr. Advocate Mr. Alok Kumar Sinha-Adv. Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Raj Ballabh Singh-A.P.P. (In Cr.Misc. No.25531 of 2003) For the Petitioner/s : Mr. B. K. Sinha- Sr. Advocate Mr. Alok Kumar Sinha- Adv. Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Raj Ballabh Singh- A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 11 11-10-2012 This is an application for quashing the order dated 03.6.2003 passed by the learned Judicial Magistrate, Ist Class, Patna in Complaint Case No.1038 of 2003 under [STATUTE] . Heard learned counsel for the petitioners and learned counsel for the State. Patna High Court Cr.Misc. No.26278 of 2003 (11) dt.11-10-2012 The act of petitioners to repair a lift in use of accused nos.1 to 13 has been made ground for accusation with allegation to disturb the duplex system. Lift was not in working condition, Otis Elevator Company of petitioners earlier, according to the complaint was to maintain, two lifts were in need of repairing due to some fault. If the act of repairing was within the limit of contract of maintenance, there can be no act of criminal liability; if it was beyond the contractual liability then also it was not coming under any criminal act. Accused nos. 1 to 13 were using the lift as they were occupant of third to seventh floors of the building in different capacity, if were prevented to get it repaired goes to gather a circumstance that complainant was illegally motivated to cause some loss or disturbance or trouble to occupants of the building namely accused nos.1 to 13 that also is in between the complainant and accused nos.1 to 13. Accordingly, this quashing application is allowed and impugned order dated 03.6.2003 in Complaint Case No.1038 of 2003 along with the whole prosecution against the petitioners is hereby quashed. Vikash/N.A.F.R. (Mandhata Singh, J)

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.