Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33273 of 2004 =========================================================== Against the order dated 19.8.2004 passed in Criminal Revision No.65 of 2002/58 of 2003 by the Ist Additional Sessions Judge, Nawadah. =========================================================== 1. Krishana Nandan Prasad, son of Chhotan Prasad. 2. Urmila Devi, wife of Krishana Nandan Prasad. Both resident of village-Parnama Bigha, Police Station-Sarmera, District- Nalanda. Present address-Mohalla-Harichandra Talao, P.S. and District-Nawadah. 3. Ram Pravesh Prasad @ Ram Pravesh Prasad Ram, son of Ram Sumer Prasad Raut, Resident of village-Virnama, Police Station-Kashichak, District-Nawadah. .... .... Petitioners. Versus 1. The State of Bihar. 2. Chandradeep Prasad, son of Late Chotan Bhagat, Resident of Mohalla- Harishchandrapur Talao, P.S. and District-Nawadah. .... .... Opposite Parties. =========================================================== Appearance : For the Petitioners : M/s. S.S. Sharma & Rajesh Kumar, Advocates. For the State : Mr. Shailendra Kumar No.2, A.P.P.. For the O.P. No.2 : Mr. Sudhir Kumar, Advoate. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV JUDGMENT Date: 12 -04-2012 ----------------- The petitioners have preferred this application under Section 482 of the Code of Criminal Procedure to quash the order dated 19.8.2004 passed in Criminal Revision No.65 of 2002/58 of 2003, whereby the learned Ist Additional Sessions Judge, Nawadah, dismissed the aforesaid Criminal Revision preferred by the accused- petitioners against the order dated 18.5.2002 passed in G.R.Case No.668 of 1998, corresponding to T.R. No.264 of 2002 by the court of Sri V.K. Singh, Judicial Magistrate, First Class, Nawadah. Patna High Court Cr.Misc. No.33273 of 2004 dt.12-04-2012 2 / 7 2 2. In brief the case is that the opposite party no.2, Chandradeep Prasad, filed the Complaint Case No.280 of 1998 in the court of the Chief Judicial Magistrate against the accused, named in the complaint petition, including the petitioners alleging therein that after the death of his father, Chotan Bhagat, partition of the immovable property was made in between him and his three brothers on 14.4.1995. According to partition, he got share of five Katha of land of old Plot No.3040/new Plot No.1328 of Khata No.28 and since 1985 he is coming in peaceful possession over the said land. His brother, Rajendra Prasad Malakar, who also got five Kathas of land of the aforesaid Plot in his share, sold the same to Rameshwar Chaudhary and others. Similarly, his other brother, Mahendra Prasad Malakar, also sold the five Kathas of land of the aforesaid Plot of his share. His brothers, Rajendra Prasad Malakar and Mahendra Prasad Malakar are criminals of same nature and their wives used to give threatening to transfer the land of his share. Since he is unemployed, he was out of the district-Nawada in connection with his service. When he returned to Nawada in the last week of the month of April, 1998, his other brother, Suresh Prasad Malakar, informed him that his land has been sold under conspiracy of the accused. Thereafter, he enquired the matter in the Registry Office and came to know that his brother, Rajendra Prasad Malakar and his wife, Vidya Devi, executed Patna High Court Cr.Misc. No.33273 of 2004 dt.12-04-2012 3 / 7 3 the sale deed of 3 ¾ decimals of land out of five Kathas of his land on 24.2.1998 through sale deed no.1595 on taking consideration amount of Rs.32,000/- in favour of the petitioner no.1, Krishna Nandan Prasad and his wife, Urmila Devi, the petitioner no.2. His other brother, Mahendra Prasad Malakar and his wife, Kala Devi, also sold 3 ¾ decimals of the land out of five Kathas land of his share to the petitioner no.3, Ram Pravesh Prasad alias Ram Pravesh Prasad Ram through sale deed no.1596 on taking consideration amount of Rs.32,000/-. When the opposite party no.2 made protest, then Vidya Devi and Urmila Devi told him to keep mum otherwise giving threatening of his kidnapping and murder. On 11.5.1998 at about 8.30 P.M., his brothers, Rajendra Prasad Malakar and Mahendra Prasad Malakar armed with country made pistol came and pointed out the same on his chest and Leela Devi asked to take him on a vehicle to Rajauli Forest to commit his murder. At that time, Leela Devi and Kala Devi tied the hands of opposite party no.2 and his brothers, Rajendra Prasad Malakar and Mahendra Prasad Malakar gave threatening to commit his murder in case of raising hulla. When the jeep proceeded, he raised hulla, on which his brother, Suresh Prasad Malakar, who was coming to his house, saw him and raised hulla then the people rushed and he jumped from the jeep. 3. The aforesaid complaint petition of the opposite party Patna High Court Cr.Misc. No.33273 of 2004 dt.12-04-2012 4 / 7 4 no.2 was sent to the concerned police station by the Chief Judicial Magistrate, Nawadah, for institution of the case and submission of final form and, accordingly, Nawadah Nagar P.S. Case No.178 of 1998 was instituted on 18.6.1998 under [STATUTE] against the accused, named in the complaint petition, including the petitioners. After investigation, police submitted the chargesheet in the court of the Chief Judicial Magistrate, Nawadah and, accordingly, cognizance was taken. Thereafter, the accused-petitioners filed a petition on 4.10.2001 for discharge in the court of Sri V.K. Singh, Judicial Magistrate, First Class, Nawadah, who on hearing the parties rejected the petition for discharge vide order dated 18.5.2002. The accused-petitioners preferred Criminal Revision No.65 of 2002/58 of 2003 against the aforesaid order, which was also dismissed vide order dated 19th of August, 2004 passed by the Ist Additional Sessions Judge-, Nawadah, which is impugned in this application. 4. Learned counsel appeari

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.