Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34640 of 2009 ===================================================== Ajay Kumar Yadav @ Ajay Yadav, son of Kuldip Yadav, resident of Mohalla-Purani Ganj, P.S. Kashim Bazar, District-Munger. .... .... Petitioner. Versus 1. The State of Bihar. 2. Pankaj Yadav, son of Jagdish Yadav, resident of village- Sandalpur (Jhajha Tola), P.S. Kashim Bazar, District-Munger. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioner : Mr. Ajit Kumar Singh No.2, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 2 12-03-2012 Heard the parties. This application filed on behalf of the petitioner, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 9.7.2008 passed in Kotwali P.S. Case No.51 of 2004/G.R. No.143 of 2004 by the Chief Judicial Magistrate, Munger, taking cognizance of the offence under [STATUTE] against the F.I.R. named accused including the petitioner. On going through the impugned order dated 9.7.2008 passed in Kotwali P.S. Case No.51 of 2004/G.R. No.143 of 2004 by the Chief Judicial Magistrate, Munger, it appears that the Chief Judicial Magistrate, Munger, on perusal of the case diary and the chargesheet, as submitted by the police, took the cognizance of the Patna High Court Cr.Misc. No.34640 of 2009 (2) dt.12-03-2012 2 / 2 2 offence against the F.I.R. named accused including the petitioner under [STATUTE] . I find no illegality in the impugned order dated 9.7.2008 passed in Kotwali P.S. Case No.51 of 2004/G.R. No.143 of 2004 by the Chief Judicial Magistrate, Munger, amounting to abuse of the process of the court. Accordingly, this application stands dismissed. However, the petitioner would be at liberty to raise all the issues, as raised herein, at the appropriate stage in the trial court. P.S./- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 342

Statute Text:
Section 342 of the Indian Penal Code. Wrongfully confining any person. Whoever wrongfully confines any person shall be punished with simple 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.