Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47856 of 2008 ====================================================== Babban Sharma, Son of Late Prasidh Narayan Sharma, resident of Village- Shamsher Nagar, P.S. Daudnagar, District-Aurangabad .... .... Petitioner Versus State Of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER -------------------- 5 21-02-2012 Heard learned counsel for the petitioner and Sri M.Haque, learned Addl. Public Prosecution. The petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has made a prayer for quashing of an order dated 17.12.2003, whereby the learned Judicial Magistrate, 1st Class, Jehanabad has passed an order of non-bailable warrant as well as issued process under Section 82 of the Code of Criminal Procedure against two accused persons, namely, Jafira Khan and one Babban Singh in Arwal P.S. Case No.51 of 1985. A peculiar plea has been taken by the petitioner that the petitioner is by name Babban Sharma S/O Late Prasidh Narayan Sharma and is not the same person against whom order of cognizance was passed. In this case i.e. Arwal P.S. Case No.51 of 1985 long back on 07.03.1986 cognizance order was passed against one Babban Sharma and three others under [STATUTE] and direction was issued for appearance of accused persons for supply of relevant papers and to explain the accusation. Despite the fact that order of cognizance was passed in the year 1986 against accused Babban Sharma and three others, accused persons never appeared and thereafter the court below Patna High Court Cr.Misc. No.47856 of 2008 (5) dt.21-02-2012 2 / 2 2 was constrained to pass order for issuance of non-bailable warrant as well as issuance of process under Section 82 of the Code of Criminal Procedure. From the order impugned, it is evident that the said order was passed long back in the year 2003. Learned counsel for the petitioner has submitted that since the name of the petitioner’s parent is different, the petitioner may not be harassed. Be that as it may, order of cognizance was passed in the year 1986 against accused Babban Sharma and three others. At this stage that too while exercising power under Section 482 of the Code of Criminal Procedure, this Court may not examine such fact whether the petitioner Babban Sharma is the same person or not. I do not find any material to interfere with the order. Accordingly, the petition stands dismissed. If so advised, the petitioner may take other recourse. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, 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.