Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22998 of 2012 ====================================================== 1. Ramashish Pandey, S/O Late Chamru Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 2. Santosh Pandey @ Guddu, S/O Ramashish Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 3. Rahul Pandey S/O Ramashish Pandey Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 4. Shambhu Pandey @ Shambhu Nath Pandey, Late Rasik Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 5. Pappu Pandey @ Pappu Kumar Pandey, S/O Late Rasik Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 6. Saurabh Pandey @ Saurabh Kumar, S/O Shambhu Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 7. Sajjan Pandey @ Sajjan Kumar, S/O Shambhu Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 8. Arbind Pandey, S/O Late Rohan Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 9. Bhudeo Pandey, S/O Late Rohan Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 10. Deepak Pandey @ Deepak Kumar Pandey, S/O Arbind Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 11. Shriram Pandey, S/O Arbind Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 12. Kintu Devi, W/O Santosh Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 13. Hema Devi, W/O Rahul Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 14. Sugandha Devi, W/O Ramashish Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 15. Babita Devi, W/O Shambhu Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. 16. Heetu Devi, W/O Pappu Pandey, Resident Of Village Kanhaiyachak, P.S. Parbatta, District Khagaria. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Mukesh Pandey, S/O Late Tanik Pandey, Resident Of Village Kanhaiya Chak, P.S. Parbatta, District Khagaria. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Choudhary, Adv. For the State : Mr. Mukesh Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER Patna High Court Cr.Misc. No.22998 of 2012 (3) dt.17-12-2012 2 / 3 2 3 17-12-2012 Heard learned counsel for the Petitioners and the State. The Petitioners seek quashing of the entire proceeding including the order dated 22.12.2011 passed by the Judicial Magistrate, 1st Class, Khagaria, in Complaint Case No. 386C of 2010 by which he has taken cognizance under [STATUTE] . The case of the Complainant is that on 12.4.2010, all accused persons raising claim of title and possession over land, came into his house and assaulted the Complainant and looted away his articles. It has been submitted that fact of the matter is that the Complainant is the coparcener of the Petitioner No. 1 and there are at least five cases pending in the Civil Court, Khagaria, against the Complainant on account of which the present case has been filed. The further submission is that after the Petitioner No. 1 filed a case against the Complainant bearing Parbatta P.S. Case No. 65 of 2010 on 10.4.2010 on account of which the present Complaint has been filed. Notices had been issued to the Opposite Party No. 2 but he despite service of notice, has chosen not to appear before this Court. Patna High Court Cr.Misc. No.22998 of 2012 (3) dt.17-12-2012 3 / 3 3 Accepting the submission raised on behalf of the Petitioners and on going through the allegations into the Complaint and the background facts of the litigation, I am convinced that the present proceeding is nothing but an abuse of the process of the Court. In view of such, the application is allowed and the entire proceeding including the order dated 22.12.2011 passed by the Judicial Magistrate, 1st Class, Khagaria, in Complaint Case No. 386C of 2010 is, hereby quashed. S.Ali (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.