Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27877 of 2010 ===================================================== 1. Kameshwar Pandey, son of Late Ganeshi Pathak. 2. Bijay Kumar Pandey, son of Kameshwar Pandey. All residents of Mohalla-Kharkara, Gali. Nauba Gadhi, P.S. Civil Lines, District-Gaya. .... .... Petitioners. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 3 30-11-2012 Heard the parties. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners for quashing the order dated 23.10.2009 passed in Complaint Case No.838C of 2008 by the court of Judicial Magistrate, First Class, Biharsharif, Nalanda, summoning the accused-petitioners, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] . Learned counsel for the petitioners submitted that due to filing of an informatory petition by the petitioner no.1, Kameshwar Pandey, and lodging of an F.I.R. bearing Civil Lines P.S. Case No.24 of 2007 by the petitioner no.2, Bijay Kumar Pandey, against the complainant, Madan Mohan Sharma, and Patna High Court Cr.Misc. No.27877 of 2010 (3) dt.30-11-2012 2 / 2 2 others, the complainant, Madan Mohan Sharma, filed the false complaint case 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: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.