Case Facts:
Patna High Court Cr.Misc. No.9838 of 2012 (2) dt.13-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9838 of 2012 ====================================================== 1. Deepak Kothari Resident Of Unit-1 To 04 Cinamara, Jorhat, C. Ex. No. AAACK 5571, Resident Of P.S.- Phelkhana, Thana, Distt.- Kanpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 13-04-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission. In my view, this petition can be disposed of on admission stage itself without giving any notice to the complainant of Complaint Case No. 765 C of 2005 because by passing impugned order dated 10.01.2012, learned Sub Divisional Judicial Magistrate, Munger not only rejected the petition filed on behalf of the petitioner under Section 205 of the Cr.P.C. but also simultaneously, cancelled the bail bonds of the petitioner who was earlier exempted from his personal appearance vide order dated 06.11.2009 passed by this Court in Cr. Misc. No. 5402 of 2009 subject to condition that he should appear as and when required by the court below such as at the time of framing of charge. It would appear from perusal of Annexure-1 to this Patna High Court Cr.Misc. No.9838 of 2012 (2) dt.13-04-2012 petition that one Santosh Kumar filed complaint case bearing Complaint Case No. 765 C of 2005 against the petitioner on the allegation that he purchased four packets of Pan Masala worth rupees four hundred but when he opened three packets of Pan Masala, the lesser amount was found in the aforesaid packets of Pan Masala whereas the company of the petitioner had assured more amount in the aforesaid packets. The aforesaid complaint case was enquired and process was issued against the petitioner for the offences under [STATUTE] . The petitioner moved before this Court for his personal exemption under Section 205 Cr.P.C. and as stated above, the prayer of the petitioner was allowed by this Court vide order dated 06.11.2009 passed in Cr. Misc. No. 5402 of 2009. Annexure-3 series to this petition shows that on 28.06.2010, the petitioner was directed by the trial court to appear in person for framing of the charge fixing the date on 27.07.2010. On 27.07.2010, a petition under Section 245 Cr.P.C. was filed on behalf of the petitioner. Subsequently, the complainant filed rejoinder to the aforesaid petition. It would appear from the order sheets of the trial court that the learned trial court heard on the aforesaid petition on several times but the learned trial court did Patna High Court Cr.Misc. No.9838 of 2012 (2) dt.13-04-2012 not pass order on the aforesaid petition on this or that pretext and subsequently, when the aforesaid petition was pending for hearing, without giving any direction of personal attendance of the petitioner, the learned trial court passed the impugned order dated 10.01.2012 by which the learned trial court not only rejected the petition filed under Section 205 Cr.P.C. but also cancelled the bail bonds of the petitioner and ordered to issue non-bailable warrant of arrest against the petitioner. In my view, the learned trial court has committed gross illegality passing the impugned order because when the discharge petition filed on behalf of the petitioner was pending before the trial court, there was no necessity of personal appearance of the petitioner before the learned trial court and the aforesaid discharge petition could have been heard by the learned trial court through the counsel of the petitioner. In view of the aforesaid facts as well as discussions, the impugned order dated 10.01.2012 passed by learned Sub Divisional Judicial Magistrate, Munger in Complaint Case No. 765 C of 2005 is, hereby, quashed and the learned Sub Divisional Judicial Magistrate, Munger is directed to pass appropriate order on discharge petition of the petitioner within two weeks from the date of receipt of this order. Patna High Court Cr.Misc. No.9838 of 2012 (2) dt.13-04-2012 In the aforesaid manner, this petition filed under Section 482 of the Cr.P.C. stands disposed of on admission stage itself. SHAHZAD/- (Hemant Kumar Srivastava, 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.