Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15525 of 2012 ====================================================== 1. Mahadeo Pd. Yadav @ Mahadeo Yadav S/O Late Jinsi Yadav, Resident Of Village- Aurahi, P.S.- Simraha, District- Araria 2. Om Prakash Yadav S/O Mahadeo Pd. Yadav, Resident of Village- Aurahi, P.S.- Simraha, District- Araria .... .... Petitioner/s Versus 1. The State Of Bihar 2. Nageshwar Prasad Yadav S/O Sri Khusar Lal Yadav, Resident of Village- Aurahi, P.S.- Simraha, District- Araria .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Girish Pd. Gupta, Adv. For the Opposite Party/s : Mr. Manoj Kumar No.1, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 20-06-2012 Heard. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 seeking restoration of Cr. Misc. No. 49096 of 2008, which stood dismissed for want of prosecution vide order dated 18.08.2011 passed by this Court. From the materials available on record, this Court finds that aforesaid Cr. Misc. No. 49096 of 2008 was filed by the petitioners seeking quashing of order dated 06.02.1998 passed by the learned Judicial Magistrate, 1st Class, Araria in Complaint Case No. 1543 of 1997, whereby cognizance against the petitioners under [STATUTE] , Patna High Court Cr.Misc. No.15525 of 2012 (2) dt.20-06-2012 2 / 2 2 was taken. It is apparent that after order taking cognizance, almost 14 years have elapsed and, therefore, it is expected that the trial of the petitioners must have progressed. However, without going into the merits of the case, this Court is inclined to grant liberty to the petitioners to file a fresh petition in the same subject matter, if so advised, by bringing on record all the latest developments having taken place in the court below. If such a fresh petition is filed, the same shall be considered on its own merit without being prejudiced by the order of dismissal of Cr. Misc. No. 49096 of 2008 for non-prosecution. With the aforesaid observation/direction, the application stands disposed of. BTiwary/- (Birendra Prasad Verma, J)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.