Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23547 of 2010 ===================================================== 1. Rameshwar Jha, son of Late Deo Krishna Jha. 2. Arun Kumar Jha @ Arun Jha, son of Rameshwar Jha. 3. Aman Kumar Jha @ Aman Jha, son of Binay Jha. 4. Birendra Jha @ Birendra Kumar Jha, son of Khur Khur Jha. 5. Deepak Kumar Jha, son of Bipin Kumar Jha. 6. Ugranarain Mishra, son of Karmu Mishra. All residents of village-Barhara (Dakhila), Police Station-Raj Nagar, District-Madhubani. .... .... Petitioners. Versus 1. The State of Bihar. 2. Heera Devi, wife of Ranjit Paswan, resident of village-Barhara Tole Dakhila, P.S. Raj Nagar, District-Madhubani. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioners : Mr. Gagandeo Yadav, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 5 04-12-2012 Heard learned counsel for the petitioners and the learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners for quashing the order dated 4.7.2009 passed in Rajnagar P.S. Case No.34 of 2008/G.R. No.57 of 2008 by the Chief Judicial Magistrate, Madhubani, taking cognizance of the offence under [STATUTE] and Sections 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the petitioners. Patna High Court Cr.Misc. No.23547 of 2010 (5) dt.04-12-2012 2 / 2 2 Learned counsel appearing on behalf of the petitioners made submission that while the police on investigation submitted the chargesheet for the offence under [STATUTE] but the learned Chief Judicial Magistrate, Madhubani, took the cognizance of the offence under [STATUTE] and Sections 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the petitioners. Perused the impugned order. Apparently, I find no illegality in the impugned order amounting to abuse of the process of the court. Accordingly, this application stands dismissed. However, the petitioners would be at liberty to raise all the points, as raised herein, at the appropriate stage in the trial court. P.S./- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.