Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14410 of 2012 ====================================================== Hriday Narain Mishra, son of Kalanath Mishra, resident of village- Chandehor Mishir Tola, P.S.-Ujiarpur, District- Samastipur. .... .... Petitioner/s Versus 1. The State of Bihar, 2. Rajeev Ranjan Mishra, son of late Tripti Narayan Singh, resident of village-Chandehor Mishra Tola, P.S.-Ujiarpur, District- Samastipur .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 09-10-2012 No one appears on behalf of the Petitioner. The Petitioner seeks quashing of the order dated 18.01.2012 passed by the Additional Chief Judicial Magistrate, Dalsinghsarai, in Ujiarpur P.S. Case No.98 of 2009. On 28.06.2009, Ujiarpur P.S. Case No.98 of 2009 was registered against the Petitioner and others by the Opposite Party No.2 alleging therein that they had committed trespass and assaulted him and his family members and also committed theft. The case instituted under [STATUTE] on such allegations. Subsequently, on 30.09.2009 charge-sheet was submitted under the same offence. The Court finding that it was a case triable by the Gram Kachahri, transferred the matter which was received by the Gram Kachahri on 14.06.2010. On 22.01.2011, orders were passed that both the Patna High Court Cr.Misc. No.14410 of 2012 (3) dt.09-10-2012 2 / 2 2 parties had been heard and option had been given to the Complainant to be compensated in view of the minor nature of dispute as well as the fact that they were agnates. However, the same was not acceptable to the Complainant. This order was passed on 22.01.2011 directing that further proceeding would stand stayed. Surprisingly, thereafter on 18.01.2012,the Additional Chief Judicial Magistrate, Dalsinghsarai, took cognizance in the matter also under [STATUTE] apart from the once noted above. I am unable to understand the procedure that has been adopted by the Court below. Evidently, when once the case stood transferred to the Gram Kachahri, there is no provision to take it back to regular Court. In view of such, entire proceeding including the order dated 18.01.2012 passed by the Additional Chief Judicial Magistrate, Dalsinghsarai, in Ujiarpur P.S. Case No.98 of 2009 is hereby set aside. The application stands allowed. JA/- (Anjana Prakash, 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.