Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34558 of 2010 ====================================================== 1. Rinjay Kumar Singh, S/o Sri Bhuneswar Singh 2. Tuntun Singh, S/o Sri Rampravesh Singh Both residents of village+Post+Sadokhar, P.S. Chenari, District- Rohtas 3. Nand Lal Prasad Gupta, S/o Late Sita Ram Sah 4. Om Prakash Gupta 5. Gunwant Prasad Gupta Both sons of Sri Girdhar Sah, all permanent residents of village- Sabar, P.S. Karamchat, District-Kaimur (Bhabhua), presenty residing at village-Chenari, P.S. Chenari, District-Rohtas 6. Sonil Kumar Singh, S/o Rama Shankar Singh, resident of village- Saidara, P.S. Belaun, District-Rohtas .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02. 24-04-2012 Heard Mr. Narendra Kumar, learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor for the State. The petitioners are aggrieved by the order dated 04.09.2009 passed in a case arising from Chenari P.S. Case No. 43 of 2009, whereby the learned Chief Judicial Magistrate, Rohtas at Sasaram has been pleased to take cognizance of the offence punishable under [STATUTE] . It is the case of the petitioners that the entire case is a manifestation of malicious intent of the informant inasmuch as whereas the allegation is directed against the petitioners of setting Patna High Court Cr.Misc. No.34558 of 2010 (2) dt.24-04-2012 2 fire in the hutment standing on the land but during the course of investigation no such hut was found and which shows that the very basis of the case in question is incorrect rendering the prosecution illegal. Learned counsel for the petitioners has also referred to a second proceedings initiated at the behest of the informant under the provision of Section 107 of the Code of Criminal Procedure and the report of the Police is present at Annexure-3 in which it has been stated that the there has been tensions between the parties which has given rise the occurrence in question. The learned Chief Judicial Magistrate has taken cognizance of the offences on the basis of the materials collected during the course of investigation. I find no reasons to interfere with the same. The application is dismissed. S.Sb/- (Jyoti Saran, 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.