Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11632 of 2012 ====================================================== 1. Bittu Bhagat, son of Shiv Shankar Bhagat 2. Ajit Bhagat, son of Shiv Shankar Bhagat, Both resident of village Amarpur, P.S. Amarpur, District Banka 3. Sri Narayan Sharma, son of Dev Narayan Sharma, resident of village Bhikhanpur, P.S. Amarpur, District Banka 4. Arbind Panjiyara, son of Laksmi Narayan Panjiyara, resident of village Raghnandanpur, P.S. Amarpur, District Banka .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Nandan Pd., Advocate Mr. Janki Nandan Pd., Advocate For the State : Mr. R.B. Roy ‘Raman’, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4 26-09-2012 The Petitioners seek quashing of the entire proceeding including the order dated 14.2.2012 passed by the Judicial Magistrate, 1st class, Banka in Amarpur P.S. case No.223 of 2009, by which he has refused to discharge the Petitioners. The case of the prosecution is that a Mobile phone of the police official posted at Amarpur P.S. went missing, upon which a case [STATUTE] estigation it transpired that the Petitioners No.1 and 2 had come to the Police Station and, therefore, they were suspected to have been involved in the theft. It also transpired during investigation that phone calls have been made from the stolen Mobile to the daughter of Petitioner No.3 and the Patna High Court Cr.Misc. No.11632 of 2012 (4) dt.26-09-2012 2 Petitioner No.4, therefore they have been roped in. In my understanding this is no material which would warrant the Petitioners to be put on trial and hence the entire proceeding including the order dated 14.2.2012 passed by the Judicial Magistrate, 1st class, Banka in Amarpur P.S. case No.223 of 2009 is hereby quashed. Application stands allowed. Narendra/- (Anjana Prakash, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.