Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4662 of 2011 ====================================================== 1. Ram Prakash Chaurasia 2. Suresh Chaurasia, both sons of Bino Chaurasia 3. Roshan Kumar 4. Bikash Kumar @ Bikash Chaurasia, sons of Suresh Chaurasia, all residents of Village- Sarabkothdera, Baraiy Toli Lochey, P.S. Bakhri, District- Begusarai. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate. For the Opposite Party/s : Mr. C.B. Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 21-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 3.12.2010 passed by the Judicial Magistrate Ist Class, Begusarai in Complaint Case No. 535C of 2010 by which he has taken cognizance against the petitioners under [STATUTE] . It has been alleged in the complaint petition that one Suresh Chaurasia in intoxicant condition entered into the house of the complainant and started filthy talk with her. It has been further alleged that the petitioners had abused and assaulted the complainant and have taken away the valuable Patna High Court Cr.Misc. No.4662 of 2011 (3) dt.21-03-2012 2 / 2 2 articles. Learned counsel for the petitioners submits that earlier there was proceeding under section 145 of the Code of Criminal Procedure and as such the complaint petition has been filed in order to settle the previous dispute. At this stage, the defence of the petitioners can not be taken into consideration. Accordingly this application is dismissed. However, the petitioners will be at liberty to raise all the points before the trial court at the time of framing of the charge. Vinay/- (Shivaji Pandey, 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.