Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11313 of 2011 ====================================================== Sanjay Kumar And Ors. .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s Sudhir Kumar Thaiur, Bimal Kumar & Biendra Kumar, Advs. For the Opposite Party/s : Mr.Pramod Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 31-08-2012 Heard learned counsel for the petitioners and the State. In this case the petitioners are challenging the order dated 16th November 2010 passed in Complaint Case No. 782 of 2010 for the offences [STATUTE] e case, it is relevant to state that both the parties are neighbors and they have picked up a dispute for small matter and the present case is outcome of a quarrelling for petty matter. From the complaint petition it appears that the accused persons entered into the house of the complainant where they raised grievance with regard to fall of water on their boundary wall and thereafter they assaulted the complainant, caught hold of her hair and also used abusive language. It also appears that from the side of petitioner, Khajekala P.S.Case no. 105 of 2010 was instituted on 8th August 2010 for the offences [STATUTE] a High Court Cr.Misc. No.11313 of 2011 (3) dt.31-08-2012 2 / 3 2 The prosecutrix has claimed in the complaint petition that accused persons entered into her house, started hurling abuses and Sanjay Kumar caught hold of her hair, pushed her to the ground and assaulted her with the butt of pistol. Accused No.2 and 3 also assaulted with Lathi and Danda. The reason of this incident has been claimed by complainant was fall of water on the boundary wall. In the complaint petition, it has been claimed that the accused persons snatched golden chain, took away valuable articles and also damaged house hold property. According to the FIR a claim has been made that at 8:00 A.M. accused persons of that case had entered into the house and has misbehaved with his wife and also gave sword blow and when Amarjit and Vikas came out of the house, again gave same blow to the informant. As per the statement of petitioners that incident took place at 8:00 A.M. and Police on the basis of information arrested Amarjit, son of the informant. Counsel for the petitioners submits that this case has been filed on 8th August 2010 against the husband and sons of the complainant whereas she filed the complaint case after three days, which is nothing but a counter blast to their case. He has further submitted that the petitioners are reputed persons of the society whereas son of opposite party No. 2 is named accused in a criminal case [STATUTE] nd are not supposed to commit such crime. All the allegations made against them Patna High Court Cr.Misc. No.11313 of 2011 (3) dt.31-08-2012 3 / 3 3 are completely concocted and false and, as such, cognizance order should be quashed. Petitioners have also taken plea of alibi that on the day of occurrence, petitioner Nos. 2 and 3 were not at Patna which will be apparent from the Air Ticket (Annexure-3 series). Counsel for the O.P. has contradicted the argument advanced on behalf of petitioners and said that the petitioners are abusing their position and got the son of the informant arrested in a false case and they are arrogant and are not ready to settle the dispute outside the court. Having considered the rival contention of both parties, so far the veracity of the statement, it cannot be tested at this stage and can be decided only during the trial. This petition is, accordingly, dismissed. It is needless to say that any interim order passed earlier, will be deemed to have come to an end with the disposal of this case. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 452

Statute Text:
Section 452 of the Indian Penal Code. House-trespass, having made preparation for causing hurt, assault, etc. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.