Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 9798 of 2009 ====================================================== 1. Gouri Shankar Prasad, S/o Late Dhari Sao, resident of Mohalla- Tutbari (Panchayati Akhara Chouraha), P.S.-Kotwali, District-Gaya. 2. Chamari Yadav, S/o Suban Yadav, resident of Village-Karmain, P.S.- Amas, District-Gaya. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Mahendra Thakur, S/o Late Dhuri Thakur, resident of Village- Karmain, P.S.-Amas, District-Gaya, presently residing at Nai Godam, P.S.-Kotwali, District-Gaya. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 06. 25.04.2012 The petitioners seek quashing of the entire proceeding including the order dated 29.08.2008 passed by the Judicial Magistrate, 1st Class, Gaya by which he has taken cognizance under [STATUTE] in Complaint Case No. 408/2000 (Tr. No. 1456/08) beyond the period of limitation. The case of the Complainant is that on 01.03.2008 at about 12 P.M. the accused persons assaulted him and sold off his land on 18.01.1998. It has been submitted that evidently the complaint on the face of it appears to be false since even though the allegation is that the accused persons had sold off the land on 18.01.1998 and the assault alleged is on 01.03.2008 Complaint was filed on 19.03.2008. Notices had been issued to the Opposite Party No. 2 but he has not chosen to appear before this Court. Considering that the complaint on the face of the record appears to be frivolous in nature, I am inclined to allow the application and the entire proceeding including the order dated 29.08.2008 passed by the Judicial Magistrate, 1st Class, Gaya in Complaint Case No. 408/2000 (Tr. No. 1456/08) is, hereby, set aside. The application stands allowed. Vikash/- (Anjana Prakash, 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.