Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5972 of 2011 ====================================================== 1. Sanjay Singh Rajendra Singh R/O,Vill.-Laukariya,P.S.-Palanwa,Dist.- East Champaran 2. Rajendra Singh Late Muluk Singh R/O,Vill.-Laukariya,P.S.- Palanwa,Dist.-East Champaran 3. Ajay Singh Rajendra Singh R/O,Vill.-Laukariya,P.S.-Palanwa,Dist.-East Champaran 4. Ashok Singh Himanchal Singh R/O,Vill.-Laukariya,P.S.-Palanwa,Dist.- East Champaran 5. Mira Devi W/O,Sanjay Singh R/O,Vill.-Laukariya,P.S.-Palanwa,Dist.- East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Sangeeta Devi Jitendra Prasad R/O,Vill. P.O.-Ramgadhwa Bazar,P.S.- Ramgarhwa,Dist.-East Champaran .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar, Advocate. For the Opposite Party/s : Mr. Aslam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 03-04-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 6.1.2011 passed by the Judicial Magistrate, Motihari in Enquiry No. 105 of 2010, arising out of Complaint Case No.517 of 2010 by which he has taken cognizance against the petitioners under [STATUTE] . From the complaint petition it appears that on Patna High Court Cr.Misc. No.5972 of 2011 (2) dt.03-04-2012 2 / 3 2 18.11.2010 at about 6 P.M. the complainant, her husband and her son were engaged in their Jwellery shop. It has been further alleged that petitioner no.1, Sanjay Singh, is running a shop in the building of the complainant on rent and at the time of the occurrence all the accused persons were present at the shop of Sanjay Singh. The complainant demanded rent whereupon the petitioner has shown a wrong question as well as used an abusive language which was informed by the complainant to her son as well as to her husband whereupon her husband and son have scolded Sanjay Singh. Thereafter all the accused persons forcibly entered into the shop and committed assault and looted the articles and for that the present case has been filed. Learned counsel for the petitioners submits that the petitioner no.1 is not the tenant of the complainant rather he is tenant of mother-in-law and earlier also her husband has filed a case and as such this is nothing but a counter blast of Complaint Case No.491 of 2010. The point that has been raised by the petitioners can not be adjudicated by this Court at this stage. Accordingly this application is dismissed. However, the petitioners will be at liberty to raise all the Patna High Court Cr.Misc. No.5972 of 2011 (2) dt.03-04-2012 3 / 3 3 points before the trial court at the time of framing of the charge. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 452

Statute Text:
Section 452 of the Indian Penal Code. House-trespass, having made preparation for causing hurt, assault, etc. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.