Case Facts:
Patna High Court Cr.Misc. No.30654 of 2010 (3) dt.31-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30654 of 2010 ====================================================== 1. Dr. Smt. Bharti Singh, wife of Dr. Chandeshwar Singh. 2. Dr. Chandeshwar Singh, son of late Banaras Singh, both residents of Main Road Kashi Bazar, Police Station-Bhagwan Bazar, District- Chapra. 3. Md. Abid Ansari, son of Md. Muslim Ansari, resident of New Tola, Revilganj, Police Station- Revilganj, District-Chapra. .... .... Petitioners Versus 1. The State of Bihar. 2. Alauddin Ahmad, son of Md. Sharif Mian, resident of village-Harpur Jan, Police Station-Masrakh, District-Saran. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Sahin Begum, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIKASH JAIN) 3 31-01-2012 The present petition has been filed for quashing the order dated 16.03.2010 passed by learned Judicial Magistrate, Chapra, whereby cognizance has been taken against the petitioners under [STATUTE] in Complaint Case No. 2395 of 2008. Learned counsel for the petitioners has submitted that the ingredients of [STATUTE] are not made out and the continuance of prosecution, in the facts and circumstances of the case, would amount to abuse of Patna High Court Cr.Misc. No.30654 of 2010 (3) dt.31-01-2012 process of the court. Finding sufficient materials, however, the learned Trial court has taken the view that a prima facie case under [STATUTE] . is made out against the petitioners. I find no illegality in the impugned order of cognizance, and am not inclined to interfere with the same. This petition accordingly stands dismissed. The petitioners will be at liberty to raise all points at the appropriate stage before the learned Trial Court. Devendra/- (Vikash Jain, 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.