Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4675 of 2011 ====================================================== 1. Subodh Yadav, son of Ganauri Yadav 2. Umesh Yadav, son of Basudeo Yadav 3. Pramod Yadav, son of Ganauri Yadav, all resident of Village- Nemdarganj, P.S. Akbarpur, District-Nawada .... .... Petitioner/s Versus 1. The State Of Bihar 2. Moti Yadav, son of Fakira Yadav, resident of Village-Nemdarganj, P.S. Akbarpur, District-Nawada .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate. For the Opposite Party/s : Mr. Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 15-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 4.11.2010 passed by the Chief Judicial Magistrate, Nawadah in Akbarpur P.S. Case No.80 of 2010 by which the learned Magistrate has taken cognizance against the petitioners under [STATUTE] . In this case there is a case and counter case from both sides. Petitioner no.1 has claimed to be relative of the informant and has taken a plea that on the date of occurrence he was working at Jaipur and for that employer has granted a Patna High Court Cr.Misc. No.4675 of 2011 (2) dt.15-03-2012 2 / 2 2 certificate. The plea of alibi can not be taken into consideration at this stage. This application is dismissed. However, the petitioners will be at liberty to raise all the points before the trial court at the appropriate stage. 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.