Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 10199 of 2012 =================================================== 1. Upendra Yadav S/o Sawaminath Yadav R/o Village- Busdila, P.S.- Habuwa, District- Gopalganj. 2. Satender Yadav S/o Sawaminath Yadav R/o Village- Busdila, P.S.- Habuwa, District- Gopalganj. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Pradeep Yadav S/o Late Gorakh Yadav R/o Village- Sahir, P.S.- Sivan Mufassil, Dist.- Siwan. .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03. 18.09.2012 The Petitioners seek quashing of entire proceeding including the order dated 24.11.2011 passed by the Judicial Magistrate, 1st Class, Siwan in Complaint Case No. C2286/11/230/11 by which he has taken cognizance under [STATUTE] . The case of the Complainant is that on 28.08.2011 the accused persons came to his house for settling the land dispute and coerced him to sign on some documents and called the Complainant for panchayati. They thereafter started to pressurize him to sell the land to co-accused Ram Prasad Yadav and when he refused to do so he was variously assaulted. It has been submitted on behalf of the Petitioners that even though the occurrence is said to Patna High Court Cr.Misc. No.10199 of 2012 (3) dt.18-09-2012 2 have taken place on 28.08.2011 the present Complaint was filed more than one month later on 29.09.2011. The fact of the matter was that the Petitioners had attempted to settle the dispute between the Complainant and co- accused Ram Prasad Yadav but when the same could not materialize the present case was filed with ulterior purpose to harass them. On the last occasion, notices were issued to the Opposite Party No. 2 but he has chosen not to appear before this Court. Accepting the submission advanced on behalf of the Petitioners, the application is allowed and the entire proceeding including the order dated 24.11.2011 passed by Judicial Magistrate, 1st Class, Siwan in Complaint Case No. C2286/11/230/11 is, hereby, set aside. Vikash/- (Anjana Prakash, 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.