Case Facts:
Patna High Court Cr.Misc. No.42493 of 2010 (4) dt.12-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42493 of 2010 ====================================================== 1. Bhola Roy, S/O-Bauku Roy 2. Bhabindra Roy @ Bhabindra Kumar Roy, S/O-Bhola Roy 3. Ram Nazar Roy, S/O-Bhola Roy .... .... Petitioner/s Versus 1. The State Of Bihar 2. Munni Devi, wife of Murli Manohar Roy .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 4 12-12-2012 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. None appeared on behalf of the Opposite Party No. 2 though notice has already been served upon her. Petitioners have prayed for quashing the order dated 01.09.2010 passed by learned Sessions Judge, Madhubani in Criminal Revision No. 794 of 2010 as well as order dated 09.06.2010 passed by learned Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani in Complaint Case No. 983 of 2009 by which and whereunder he having found prima facie case under [STATUTE] ordered to issue summons against the petitioners. The contention on behalf of the petitioners is that the story as propounded by the Opposite Party No. 2 in Complaint Case No. 983 of 2009 is absurd and no prudent man would believe Patna High Court Cr.Misc. No.42493 of 2010 (4) dt.12-12-2012 on the story propounded by the Opposite Party No. 2 in her complaint petition. It is further contended on behalf of the petitioners that as a matter of fact on account of previous enmity the Opposite Party No. 2 has brought the above stated false complaint case against the petitioners. I am not, at all, convinced with the above stated submission of learned counsel for the petitioners and in my view, to verify and judge the truthfulness of contents of complaint petition, deeper investigation is required which is only possible in course of trial and, therefore, I do not find any substance in this petition. Accordingly, this quashing petition stands disposed of on admission stage itself. However, it is made clear that if petitioners raise their plea before the trial court at the time of framing of the charge, the learned trial court shall pass order in accordance with law without being prejudiced by this order. SHAHZAD/- (Hemant Kumar Srivastava, 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.