Case Facts:
Patna High Court Cr.Misc. No.16959 of 2011 (2) dt.29-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16959 of 2011 ====================================================== 1. Dr. Subhash Kumar son of Sri Kedar Nath Singh, resident of mohalla- Dushadhi Pakri, Hanuman Nagar, PS-Kankarbagh, Patna-20 2. Suresh Singh son of Sri Ram Chandra Prasad Singh, resident of village- Motichauk, PS-Saraia, District-Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Dr. Ravi Shankar Vidyarthi son of Bishambhar Prasad resident of village-Ramashish Chauk, Hazipur, Vaishali, presently posted Travilling Veterinary Officer –Sarai, Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sahvind Kr. Sharma, Adv. For the Opposite Party/s : Mr. Arun Kumar Singh No. 5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 29-08-2012 Heard learned counsel for the petitioners and learned counsel for the State. In this case, the petitioners are challenging the order dated 20.12.2010 arising from T.R. No. 3242 of 2011 by which the court below has taken cognizance for offences under [STATUTE] . From the F.I.R. it appears that the allegation has been made against the petitioners that they had abused, assaulted and also caused injury to the informant. The counsel for the petitioners submits that there is a case and counter-case in between the parties and no sanction has been taken for institution of the case and there is a delay of three Patna High Court Cr.Misc. No.16959 of 2011 (2) dt.29-08-2012 days in institution of the present case. This Court does not find any merit as the issue of sanction can be seen at the stage of trial and the delay can be explained at that time. In this view of the matter, this Court does not find any error in the order impugned. So far the point of sanction and delay are concerned, the petitioner will have a liberty to raise all the points before the court below during the trial. Accordingly, this petition is dismissed. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.