Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23998 of 2009 ====================================================== 1. Jiya Lal Rai son of late Bhagwat Rai. 2. Dayashankar Kumar son of Jiyalal Rai. 3. Umashankar Rai son of Jiyalal Rai. All are residents of Vllage-Kushhar (South Tola), P.S.-Tariyari, District-Sheoghar. .... .... Petitioners Versus 1. The State Of Bihar. 2. Kishori Rai son of Dhodha Rai, resident of Village-Kushahar (South Tola), P.S.-Tariyani, District-Sheoghar. .... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Uday Kumar, Adv. For the State : Mr. Dashrath Mehta, A.P.P. For the O.P. No. 2 : Mr. Devendra Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 04-04-2012 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of opposite party no. 2. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 24.01.2009, passed in Complaint Case No. C1-217/07 by Sri Rakesh Kumar, Judicial Magistrate, 1st Class, Shirhar at Sitamarhi, summoning the accused-petitioners, on enquiry under [STATUTE] . Learned counsel appearing on behalf of petitioners submits that initially on the basis of the complaint petition of Patna High Court Cr.Misc. No.23998 of 2009 (3) dt.04-04-2012 2/2 opposite party no. 2, Kishori Rai, Tariyani P.S. Case No. 167 of 2006 was instituted under [STATUTE] against the petitioners but on investigation, police submitted final form with prayer to proceed against the informant/opposite party no. 2 under [STATUTE] , but thereafter on the protest of opposite party no. 2, the learned Chief Judicial magistrate, treated the same as Complaint Case No. 217 of 2007, and on enquiry under Section 202 of the Code of Criminal Procedure, summoned the accused- petitioners, finding prima facie case under [STATUTE] through impugned order dated 24.01.2009, which is illegal. Apparently, I find no illegality in the impugned order amounting to abuse of the process of the Court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. Safik/- (Rajendra Kumar Mishra, J.)

Applicable IPC Section: 182

Statute Text:
Section 182 of the Indian Penal Code. Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant: to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.