Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5415 of 2012 ====================================================== Arvind Kumar Choudhary, S/O late Dharnidhar Choudhary, resident of Village- Katoria (Suiya Road), P.O.+P.S.- Katoria, Dist.- Banka .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv. Mr. Satyaveer, Adv. Mr. Sanjeev Kumar, Adv. For the State : Mr. Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3. 21-11-2012 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order dated 5.11.2011 passed by the Judicial Magistrate, 1st Class, Banka, in Complaint Case No. 1440 of 2011 by which he has taken cognizance under [STATUTE] . The case of the Complainant was that the accused Arvind Poddar and Nawal Barnwal came in his shop and 4 Kg. Gas Cylinder was forcibly taken away by them. Thereafter, the Cylinder was found in the house of the Petitioner. It has been submitted on behalf of the Petitioner that he is a bona fide consumer of the Gas Agency run by the Complainant and in the facts of the case, no offence under Section Patna High Court Cr.Misc. No.5415 of 2012 (3) dt.21-11-2012 2 / 2 2 380 Indian Penal Code is made out even if the allegation contained in the Complaint are accepted. Notices had been issued to the Opposite party No. 2 who despite service of notice, has chosen not to appear before this Court. Accepting the submission raised on behalf of the Petitioner, the application is allowed and the entire proceeding including the order dated 5.1.2011 passed by the Judicial Magistrate, 1st Class, Banka in Complaint Case No. 1440 of 2011 is hereby quashed. S.Ali (Anjana Prakash, 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.