Case Facts:
Patna High Court Cr.Misc. No.19952 of 2011 (2) dt.12-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19952 of 2011 ====================================================== 1. Parmanand Yadav @ Parma Yadav S/O Laljee Yadav, R/O Vill.- East Turhapatti, P.S. -Sirisia, Distt. -West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. Guddi Kumari D/O Late Surya Mohan Jha, R/O Vill. -Birwa-Barwa, P.S. -Majhawalia, Distt. -East Champaran .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Sunil Prasad, Adv. For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 12-12-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the FIR of Majhawalia P.S. Case No. 83/2010 for offence under [STATUTE] and later on [STATUTE] has also added. In this case, the allegation has been made by one Guddi Kumari D/o Late Surya Mohan Jha that Uday Kr. Jha son of Late Phulan Jha had intended to grab the homestead land of the family of the informant which was opposed by her mother and they used to threat her for dire consequences including expulsion from the village. Patna High Court Cr.Misc. No.19952 of 2011 (2) dt.12-12-2012 It has been alleged that on 29.3.3010 at about 6.A.M. Uday Kant Jha son of Late Phulan Jha, resident of village-Purbi Turha Patti, PS-Sirisia O.P., Parma Yadav son of Laljee Yadav, Satyendra Yadav son of Laljee Yadav, Niranjan Yadav @ Sharma Yadav son of Laljee Yadav and Satish Giri son of Ramjit Giri, resident of village- Birba-Barba, PS-Manjhaulia, District-East Champaran entered into the house of the informant and they misbehaved and outrage modesty of the informant. It has been alleged that accused persons threw the informant to the ground and had bite on her chik which led to filing of the present case. The counsel for the petitioner submits that it is out and out a malicious prosecution. The proposed thatched house was established at the public land and in a proceeding under section 133 Cr. P.C. the order has been passed to remove the house. It has further been submitted that there was a Panchayati, in which Mukhiya, Ward Commissioner, Surpanch and other respectable persons asked the mother of O.P. No. 2 to remove the thatched house but she continued to occupy the said public place. He has further submitted that the Circle Officer after enquiry found encroachment made by the mother of O.P. No. 2 and the same was referred to the Sub- Divisional Officer for taking proper action. It has further been submitted that there was a proceeding under Patna High Court Cr.Misc. No.19952 of 2011 (2) dt.12-12-2012 section 107 Cr.P.C. in between the mother of the informant and the petitioners including Uday Kant Jha, uncle of the informant were parties. It has been submitted the case filed against them are malicious prosecution. In this view of the matter, allegation and counter allegation cannot be tested at this stage rather it can only be seen during trial. Accordingly, this petition is dismissed. However, liberty is given to petitioner to raise all points before the court below at the stage of framing of the charge. The court below will consider the petition if any file and pass the order in accordance with law. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 324

Statute Text:
Section 324 of the Indian Penal Code. Voluntarily causing hurt by dangerous weapons or means. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.