Case Facts:
Patna High Court Cr.Misc. No.30510 of 2009 (07) dt.06-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30510 of 2009 ====================================================== 1. Ramavtar Prasad Verma 2. Lalpari Devi 3. Shambhu Pd. Verma 4. Manoj Kumar Verma @ Manoj Pd. Verma 5. Radha Devi 6. Rashmi Rani .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birju Prasad- Advocate. For the State : Mr. Mr. R. K. Yadav- A.P.P. For the Opposite Party/s : Mr. Durgesh Nandan & Mr. Ram Math Saran-Advocates. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 07 06-11-2012 Learned counsel for the petitioners seeks permission to correct the prayer portion of the petition. Permission is accorded. This is an application for quashing the order dated 25.3.2009 passed by Judicial Magistrate, IInd Class, Nawadah in Complaint Case No.800 of 2008 under [STATUTE] . Heard learned counsel for the petitioners and learned counsel for the State. Allegation is that accused-petitioners on the day of occurrence entered the self-constructed house of the complainant at Nawadah variously armed with different weapons, demanded Rs. two lacs in ransom. On request about having no such amount, he (complainant) was assaulted. However, complainant handed over Rs.50,000/- (fifty thousand), again he was assaulted for making pressure to make payment of Rs.150,000/- (one lac Patna High Court Cr.Misc. No.30510 of 2009 (07) dt.06-11-2012 fifty thousand), three boxes, attaché with clothes and cash was taken away by accused-petitioners. Submission on behalf of learned counsel for the petitioners is that all the allegations are false and frivolous. Petitioners have been shown of criminal antecedent, though came from same family. Petitioner no.1 is real brother of the complainant. Petitioner nos.2, 3, 4, 5, 6 and 7 are son, wife and daughter in-laws of petitioner no. 1. They are original resident of Tal Banshipur, P.S.-Surajgarha, District- Lakhisarai (Munger). They have/ had joint ancestral property there (Banshipur) including land and house. Some of the plots from the joint family was sold on behalf of the complainant, which was challenged in a suit filed on behalf of one of the brothers of the complainant and petitioner no.1 and with further relief of partition of the rest landed property. Petitioners supported the claim of their brother Ashish Prasad Verma. It is specifically stressed that assault easily can be caused by own brother and his family members, but cause shown in this case is not believable when complainant has not appeared with clean hand. There is no mention in the complaint petition that petitioner no.1 and complainant are own brother though their parentage shows the fact that both are sons of one late Dev Nath Prasad Verma. There is mention that complainant was resident of Tal Banshipur, but there is no disclosure that petitioners were also resident of Tal Banshipur having their ancestral land there and there was difference in between the parties for the ancestral property. Another improbability is that ransom was realized, theft was committed of boxes also in the day light but there was no objection by resident of the Mohalla. For witnesses also, it is said that they have corroborated the offence naming petitioners but having no Patna High Court Cr.Misc. No.30510 of 2009 (07) dt.06-11-2012 occasion to identify them clearly shows that on instance of the complainant, they (witnesses) are naming the accused-petitioners prima facie appears to be disbelieved. Finding the same false and malicious, this quashing application is allowed and impugned order dated 25.3.2009 passed in Complaint Case No.800 of 2008 along with the whole prosecution against the petitioners is hereby quashed. Vikash/- (Mandhata Singh, 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.