Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34509 of 2010 ===================================================== Rishikesh Kumar, son of Shri Ram Bilash Singh, resident of village- Shyampur, P.S. Khodavandpur, District-Begusarai. .... .... Petitioner. Versus 1. The State of Bihar. 2. Santosh Singh, son of Ram Bilash Singh, resident of village- Shyampur, P.S. Khodavandpur, District-Begusarai. .... .... Opposite Parties. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 4 01-11-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioner for quashing the order dated 16.11.2006 passed in Complaint Case No.1780(C) of 2005 by the court of Sri Sanjay Kumar, Judicial Magistrate, First Class, Begusarai, summoning the accused- petitioner, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie under [STATUTE] . Apparently, I find no illegality in the impugned order amounting to abuse of the process of the court. Accordingly, this application stands dismissed. However, the petitioner would be at liberty to raise all the points, as raised herein, at the appropriate Patna High Court Cr.Misc. No.34509 of 2010 (4) dt.01-11-2012 2 / 2 2 stage in the trial court. P.S./- (Rajendra Kumar Mishra, 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.