Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4424 of 2011 ====================================================== 1. Dr. Raj Narayan Singh S/O Late Mahadeo Singh, Program Coordinator Krishi Vigyan Kendra Cum Secretary, Shrama Bharati, Khadi Gram, P.S.- Barhat, Dist.- Jamui 2. Shashwat @ Shawat @ Rishu @ Shashwar Rai S/O Raj Narayan Singh Resident Of Khadi Gram, P.S.- Barhat, Dist.- Jamui 3. Indrabhushan Singh S/O Shivdulam Singh Resident Of Khadi Gram, P.S.- Barhat, Dist.- Jamui 4. Narvadeshwar Singh S/O Late Parmeshwar Singh Shrama Bharati, Khadi Gram, P.S.- Barhat, Dist.- Jamui 5. Shankar Sharma @ Shankar Kumar Sharma S/O Suresh Sharma Shrama Bharati, Khadi Gram, P.S.- Barhat, Dist.- Jamui .... .... Petitioner/s Versus 1. The State Of Bihar 2. Narendra Kumar S/O Late Jainandan Singh Shrama Bharati, Khadi Gram, P.S.- Barhat, Dist.- Jamui .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kanhaiya Prasad Singh, Sr. Advocate. Mr. Prabhat Ranjan Singh, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 19-03-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 13.9.2010 passed in Complaint Case No. 387C of 2010 by the Judicial Magistrate Ist Class, Jamui whereby he has taken cognizance against the petitioners under [STATUTE] . It has been alleged in the complaint petition that the Patna High Court Cr.Misc. No.4424 of 2011 (2) dt.19-03-2012 2 / 2 2 petitioners have entered into the house and demanded money. It has been further alleged that they also fired from the gun though it does not hit the informant but it hit the wall. Looking to the nature of allegation, I do not find any error in the impugned order. Accordingly this application is dismissed. However, the petitioners will be at liberty to raise all the points before the trial court at the time of framing of the charge. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 452

Statute Text:
Section 452 of the Indian Penal Code. House-trespass, having made preparation for causing hurt, assault, etc. Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.