Case Facts:
Patna High Court Cr.Misc. No.14876 of 2011 (3) dt.09-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14876 of 2011 ====================================================== 1. Bhola Sharma S/O Sitaram Sharma, Resident of Village- Baijnathpur, P.S- Raniganj, District- Araria. 2. Munna Sharma S/O Sitaram Sharma, Resident of Village- Baijnathpur, P.S- Raniganj, District- Araria. 3. Avinash Sharma S/O Sitaram Sharma, Resident of Village- Baijnathpur, P.S- Raniganj, District- Araria. 4. Sitaram Sharma S/O Late Bangali Sharma, Resident of Village- Baijnathpur, P.S- Raniganj, District- Araria. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Bechan Sharma S/O Bhim Lal Sharma, Resident of Village- Baijnathpur, P.S- Raniganj, District- Araria. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kr. Sharma, Adv. For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 09-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order of cognizance dated 17.3.2011 whereby the court below has taken cognizance under [STATUTE] . From the F.I.R. it appears that there is an allegation of snatching the money on showing the Pistol and also demanded the money. Learned counsel for the petitioner submits that it is a malicious prosecution because there was a dispute in the matter of appointment of Anganbari Sevika. Patna High Court Cr.Misc. No.14876 of 2011 (3) dt.09-08-2012 At this stage, this Court cannot see the defence of the petitioner. Accordingly, this petition is dismissed. However, liberty is given to the petitioners to raise all the points before the court below at the appropriate stage of the trial. Mahesh/- (Shivaji Pandey, J)

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.