Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 16078 of 2012 =================================================== Lallan Sharma S/O Late Kameshwar Singh Resident Of Village- Gorsar, P.S.- Ghosi, District- Jehanabad. At Present Resident Of Sarswati Niwas Apartment, Road No.-12, Rajendra Nagar, P.S.- Kadamkuan, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Vikas Kumar S/O Lallan Sharma Resident Of Village- Gorsar, P.S.- Ghosi, District- Jehanabad. 3. Gudia Devi W/O Vikas Kumar Resident Of Village- Gorsar, P.S.- Ghosi, District- Jehanabad. 4. Chanda Devi W/O Lallan Sharma Resident Of Village- Gorsar, P.S.- Ghosi, District- Jehanabad. 5. Awadh Sharma S/O Not Known Resident Of Village- Mahua Bigha, P.S.- Paras Bigha, District- Jehanabad. 6. Ravi Bhushan @ Khaderan Sharma S/O Awadh Sharma Resident Of Village- Mahua Bigha, P.S.- Paras Bigha, District- Jehanabad. 7. Shashi Bhushan @ Bholi Sharma S/O Awadh Sharma Resident Of Village- Mahua Bigha, P.S.- Paras Bigha, District- Jehanabad. .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03. 23.08.2012 The Petitioner who is the Complainant seeks quashing of the order dated 03.11.2010 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2588(C) of 2010 by which he has taken cognizance only under [STATUTE] even though the offence under Sections 440, 447, 451, 452 and 387 is also made out. It is well known principle of law that cognizance is not taken of a particular offence or an accused but of Patna High Court Cr.Misc. No.16078 of 2012 (3) dt.23-08-2012 2 the case as a whole and as to what offence is made out is properly decided only at the stage of framing of charge and, hence, I am not inclined to interfere in the matter. The application is dismissed. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 385

Statute Text:
Section 385 of the Indian Penal Code. Putting or attempting to put in fear of injury, in order to commit extortion. Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.