Case Facts:
Patna High Court Cr.Misc. No.1009 of 2011 (3) dt.20-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1009 of 2011 ====================================================== 1. Suman Singh @ Suman Kumar Suman Son of Sri Ramashray Pd.Singh, Resident of Village - Babhanbigha, P.S. - Barbigha, District - Sheikhpura. .... .... Petitioner/s Versus 1. The State Of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rana Vikram Singh, Adv. For the Opposite Party/s : Mr. L.K.Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 20-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 10.3.2010 passed by learned Chief Judicial Magistrate, Shiekhpura in Barbigha P.S. Case No. 230/2009 by which the court below has taken cognizance for offence under [STATUTE] and section 3 (i) (x) of SC/ST Act. In the F.I.R. it has been alleged that the petitioner called the informant by his caste name and started hurling abuses and also demanded Rs. 5,000/- as extortion money and when he objected the same, the petitioner abused and also assaulted him. Learned counsel for the petitioner submits that it is completely a malicious prosecution as the petitioner is a lawyer,he was going to his client’s place, accused persons have surrounded Patna High Court Cr.Misc. No.1009 of 2011 (3) dt.20-09-2012 and assaulted him and in consequence thereof he lodged the F.I.R. vide Barbigha P.S. Case No. 229/2009 (Annexure-7 to this petition). The counsel for the petitioners submits that the order of cognizance is bad on the ground of malicious prosecution merely because of filing of the case against the complainant. Malicious prosecution requires more attending circumstances and material for coming to this conclusion. In this view of the matter, this Court finds that the court below has rightly taken cognizance in the aforesaid sections against the petitioner. Accordingly, this petition is dismissed. However, liberty is given to the petitioner to raise all points before the court below at the appropriate stage Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 341

Statute Text:
Section 341 of the Indian Penal Code. Wrongfully restraining any person. Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.