Case Facts:
Patna High Court Cr.Misc. No.43166 of 2010 (2) dt.18-07-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43166 of 2010 ====================================================== B.D.Paswan & Anr .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance: For the petitioners : Mr. Pankaj Kumar Singh, Advocate For the State : Mr. Dilip Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 18-07-2012 1. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State on the point of admission and, in my view, this petition can be disposed off on the admission stage itself. 2. Petitioners have prayed for quashing the order dated 5.8.2009 passed by Sri R.K. Singh, Judicial Magistrate, Ist Class, Barh, Patna in Complaint case no 186C/2008 by which and whereunder he, having found prima facie case under [STATUTE] , ordered to issue summons against the petitioners. 3. The brief fact, which lies to file this quashing petition, is that opposite party no.2 filed the above stated Complaint case no 186C/2008 against the petitioners alleging therein that on 30.4.2008 he had gone to civil court in connection with Athmalgola P.S. Case no. 34/2008 and when he was released on bail in the above stated case, while in court, petitioners brutally assaulted him in court campus and also snatched Rs 500 to Rs 700/- from him, Petitioner no.1 was working as Sub Inspector of Patna High Court Cr.Misc. No.43166 of 2010 (2) dt.18-07-2012 2 Police of Athmalgola Police station at the relevant time. 4. The contention on behalf of the petitioners is that, as a matter of fact, much prior to filing of the complaint case, brother of petitioner no. 2 lodged Athmalgola P.S. Case no. 33/2008 on 25.3.2008 against the family member of the opposite party no.2 and similarly, father of petitioner no.2 lodged Athmalgola P.S. Case no. 34/2008 on the same day against the opposite party no.2 and his other family members. It is contended by him that, as a matter of fact, present case has been brought by opposite party no.2 to put pressure upon petitioner no.2 and his other family members so that they may withdraw the above stated cases. It is further contended by him that petitioner no.1 is the Investigating officer in both the above stated cases and he has been made accused by opposite party no.2 in the present case with a view to pressurize him and story, as propounded by opposite party no.2 of the complaint case, is absurd and not reliable. 5. No doubt, prior to filing of the present complaint case, family member of petitioner no.2 lodged police cases against opposite party no.2 as well as his other family members and admittedly, petitioner no.1 was posted as Sub Inspector of Police of Athmalgola Police station at the relevant time but the contents of the present complaint case reflect that alleged occurrence took place on account of getting bail in Athmalgola P.S. Case no. 34/2008. So even if it is assumed that two police cases had been lodged against opposite party no.2 and his family members prior to filing of the present complaint case, Patna High Court Cr.Misc. No.43166 of 2010 (2) dt.18-07-2012 3 then also, it can not be said, at least, at this stage that the present case has been filed by opposite party no.2 with mala fide intention. Moreover, the aforesaid fact is matter of investigation which can be investigated only in course of trial. 6. In view of the aforesaid submissions and discussions, this petition stands dismissed on admission stage itself. Shahid/- (Hemant Kumar Srivastava, 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.