Case Facts:
Patna High Court Cr.Misc. No.24812 of 2010 (2) dt.02-02-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24812 of 2010 ====================================================== 1. Brajendra Yadav @ Ganga Yadav @ Bijendra Yadav 2. Shailendra Kumar @ Suren Yadav Both are sons of Bhuni Yadav and residents of village-Naya Gaon, P.S.-Parbatta, Distt.-Khagaria. .... .... Petitioner/s Versus 1. State Of Bihar 2. Baleshwar Yadav, son of late Titu Yadav, resident of vill.-Naya Gaon, P.S.-Parbatta, Distt.-Khagaria. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwari, No.1 A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIKASH JAIN) 2 02-02-2012 The present application has been filed for quashing the prosecution proceeding in complaint case no.963C of 2008 pending before the court of Chief Judicial Magistrate, Khagaria, in which cognizance has been taken under [STATUTE] against various persons including the petitioners. From perusal of the complaint petition I find several allegations have been specifically made against the petitioners herein. Finding a prima facie case on the basis of materials, the learned trial court has taken cognizance against the petitioners. In that view of the matter, this Court is not inclined to Patna High Court Cr.Misc. No.24812 of 2010 (2) dt.02-02-2012 interfere with this case at this stage and the petition accordingly stands dismissed. However, it is always open to the petitioners to raise all points at the time of framing of charge. sudip/- (Vikash Jain, J.)

Applicable IPC Section: 380

Statute Text:
Section 380 of the Indian Penal Code. Theft in a building, tent or vessel. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.