Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32993 of 2008 ====================================================== 1. Sanjay Kumar @ Sanjay Singh son of late Bineshwar Singh. 2. Bhola Singh son of late Rajbin Singh. resident of Village-Sikatiyahi (Hanuman Nagar), P.S.-Khutauna, District-Madhubani. .... .... Petitioners Versus 1. The State Of Bihar. 2. Mohar Saday son of late Rati Saday, resident of Village-Sikatiyahi, P.S.-Khutauna, District-Madhubani. .... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Uday Pratap Singh, Adv. For the State : Mrs. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12 23-04-2012 Heard learned counsel for the petitioners and learned A.P.P. appearing on behalf of State. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 08.03.2008/10.03.2008, passed in Tr. No. 254 of 2008 arising out of Laukaha (Khutauna) P.S. Case No. 50 of 2005 by the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, taking cognizance of the offence under [STATUTE] and Section 3 (i) (5) of the SC/ST (POA) Act against the petitioners. On perusal of the impugned order, I find no illegality for interference in inherent jurisdiction under Section 482 of the Patna High Court Cr.Misc. No.32993 of 2008 (12) dt.23-04-201 2/22 Code of Criminal Procedure. Accordingly, this application is dismissed. However, the petitioners would be at liberty to raise his defence, raised herein, at appropriate stage in trial Court. Safik/- (Rajendra Kumar Mishra, 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.