Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27505 of 2010 ===================================================== Durgesh Nath Giri, son of Sri Vishwambhar Nath Giri, resident of village-Math Lohiyar, P.S. Math Lohiya, P.S. Harsidhi, District-East Champaran. .... .... Petitioner. Versus 1. The State of Bihar. 2. Rajeev Nath Yati @ Babloo, Son of Lal Bahadur Yati @ Umashankar Yati, resident of village-Areraj, P.S. Gobindganj, District-East Champaran. .... .... Opposite Parties. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 4 09-10-2012 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, is to quash the order dated 23.6.2010 passed in Complaint Case No.C-1004 of 2010, corresponding to Enquiry No.323 of 2010, by the court of Sri B. Shukla, Judicial Magistrate, Ist Class, Sadar, Motihari, whereby the learned Magistrate summoned the accused-petitioner, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] . Apparently, there is 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.27505 of 2010 (4) dt.09-10-2012 2 / 2 2 stage in the trial court. P.S./- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.