Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26117 of 2008 ===================================================== Arun Kumar Singh, son of Chatarbhuj Singh, resident of village- Ekawana, Police Station-Barahara, District-Bhojpur. .... .... Petitioner. Versus 1. The State of Bihar. 2. Smt. Sitapati Devi, wife of Shivjee Singh, resident of village- Pawana, P.S. Pawana, District-Bhojpur, at present Parmar Complex South of Ramana Road, P.S. Arrah, District-Bhojpur. .... .... Opposite Parties. ===================================================== with Criminal Miscellaneous No.37621 of 2008 ===================================================== 1. Bir Bahadur Singh, son of Chatarbhuj Singh. 2. Manoj Singh, son of Chatarbhuj Singh. 3. Rakesh Singh, son of Chatarbhuj Singh. 4. Awadhesh Singh, son of Late Gorak Singh. 5. Om Prakash Singh, son of Late Gorak Singh. 6. Lalan Singh, son of Late Gorak Singh. 7. Dadan Singh, son of Late Gorak Singh. 8. Doman Singh, son of Awadhesh Singh. 9. Sahdeo Singh, son of Awadhesh Singh. 10. Chatarbhuj Singh, son of Late Gorakh Singh. All are resident of village-Ekawana, Police Station-Barahara, District-Bhojpur. .... .... Petitioners. Versus 1. The State of Bihar. 2. Smt. Sitapati Devi, wife of Shivjee Singh, resident of village- Pawana, Police Station-Pawana, District-Bhojpur. At present Parmar Complex, south of Ramana Road, Police Station-Arra, District-Bhojpur. .... .... Opposite Parties. ===================================================== Appearance : In both the applications: For the Petitioners : Mr. Rakesh Kumar Sinha and Anuj Prakash, Advocates. For the State : Mr. Dashrath Mehta, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV ORDER ------------------- 8 26-03-2012 Since both the aforesaid Criminal Miscellaneous Patna High Court Cr.Misc. No.26117 of 2008 (8) dt.26-03-2012 2 / 11 2 Applications, under Section 482 of the Code of Criminal Procedure, are for quashing of the order dated 20.5.2008 passed in Complaint Case No.2003(C) of 2007/Trial No.3112 of 2008 by the court of Sri B.M. Singh, Judicial Magistrate, Arra, summoning the accused-petitioners of both the aforesaid Criminal Miscellaneous Applications, on inquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] , therefore, both the aforesaid Criminal Miscellaneous Applications have been heard together and are being disposed of by this common order. 2. The brief facts, leading to these applications, are that the opposite party no.2, Smt. Sitapati Devi, filed the protest petition, numbered as Complaint Case No.2003(C) of 2007 in the court of the Chief Judicial Magistrate, Bhojpur, Arra, alleging therein that on 30.4.2004 at about 8.30/9.00 A.M., she was at her house whereas her husband and two sons, namely, Sanjeev and Shailendra were at their house, Parmar Complex, situated at the southern of the Ramana Road. At that time, all of sudden, she heard the voice to kill and loot in abusive language. Thereafter, her husband saw from the house and told that the family members of the accused, Chaturbhuj Singh (petitioner no.10 of Criminal Misc. No.37621 of 2008) and his men armed with rifle and gun Patna High Court Cr.Misc. No.26117 of 2008 (8) dt.26-03-2012 3 / 11 3 are coming to kill. In the meantime, all the aforesaid three accused, Bir Bahadur Singh (petitioner no.1 of Criminal Misc. No.37621 of 2008), Ravi Shankar Singh, Om Prakash Singh (petitioner no.5 of Criminal Misc. No.37621 of 2008) and 20-25 unknown armed with rifle and gun making firing rushed near her house. Thereafter, on her direction, her husband and both sons with a view to save their lives fled away jumping the boundary wall from the back of the house. When she came out to the house she identified only the aforesaid accused persons but she could identify the rest accused, who were armed with gun and rifle, on seeing them again. Out of them, some started to chase her husband and two sons by making firing. While some accused entered into her house causing assault through fists and slaps to her and took away three briefcases containing gold and sliver ornaments and clothes worth of Rs.3/4 lacs of her both daughters-in-law and cash Rs.25,000/- as kept in the briefcases, by making firing. The opposite party no.2 further alleged that, in the meantime, the accused started to raise voice about sustaining firearm injury in course of fleeing hither and thither by one of them and to carry him at the Hospital. After fleeing the accused, she raised hulla on which the witnesses rushed there and saw the occurrence. At that time, the pedestrian had also saw the occurrence but no one dared Patna High Court Cr.Misc. No.26117 of 2008 (8) dt.26-03-2012 4 / 11 4 to chase due to making firing by them. The opposite party no.2 further alleged that in the wall of her house there are several marks of firing and till now her husband and both sons are traceless. After filing the Complaint Case No.2003(C) of 2007 by the opposite party no.2, on enquiry under Section 202 of the Code of Criminal Procedure, the court of Sri B.M. Singh, Judicial Magistrate, Arra, summoned the accused, named in the complaint petition, including the petitioners of the applications, finding prima facie case under [STATUTE] . 3. Learned counsel appearing on behalf of the petitioners of both the applications made submission that on the basis of the Complaint Case No.578(C) of 2005 filed on 4.5.2005 by the opposite party no.2 in the court of the Chief Judicial Magistrate, Bhojpur at Arra, as sent under Section 156(3) of the Code of Criminal Procedure to the concerned police station for investigation, Arra Nawadah P.S. Case No.111 of 2005 was instituted under [STATUTE] and Section 27 of the Arms Act only against the a

Applicable IPC Section: 182

Statute Text:
Section 182 of the Indian Penal Code. Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant: to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.