Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12763 of 2009 ====================================================== Raj Kishore Baitha .... .... Petitioner/s Versus 1. The State Of Bihar 2. Rajendra Soren .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Shekhar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 12 04-12-2012 Heard learned counsel for the parties. This application has been filed for quashing the order dated 25.6.2008 passed by Sessions Judge, Bhagalpur in Cr. Revision No. 382/07 whereby Cr. Revision has been dismissed confirming the order of cognizance dated 18.8.2007 passed against the petitioner under [STATUTE] by Chief Judicial Magistrate, Banka. Allegation against the petitioner and other police officials, in brief, is that on 28.9.2005 at 12 O’ clock in mid night they came to complainant’s village on two Jeeps, armed with Lathi, Rifle and Pistol. They caught all the male members of the village taken to Pahari, asked girls and females to provide water, thereupon misbehaved and even raped them. They damaged utensils of the houses. Complainant any how succeeded to escape Patna High Court Cr.Misc. No.12763 of 2009 (12) dt.04-12-2012 2 from clutches of the police, made hue and cry and accused persons left the place of occurrence. Submission on behalf of learned counsel for the petitioner is that the petitioner was officer incharge of Bonsi Police Station, received information at about 2.00 am on 29.9.2005 about manufacturing of country made liquor by villagers of Bonsi, lodged an information to the above effect. He along with other police officials proceeded for Bonsi village, raided and found illicit liquor from the house of 18 villagers, fermented Mahua, utensils for preparation of liquor, lodged Bonsi P. S. Case No. 106/09, in retaliation thereon only this case is lodged which also goes to show that most of the male members of the village were taken away by police officials. Learned counsel for the petitioner stressed that if the complainant’s case is allowed to continue there may remain no free hand of police officials to perform their legal act towards preventing crime. Certified copy of the F.I.R. of Bonsi P. S. Case No. 106/09 along with its charge sheet is there on record to corroborate the contention made by learned counsel. Agreeing with the same I am also with the view that complaint lodged on behalf of Rajendra Soren is not liable to sustain. Accordingly, the application is allowed and the Patna High Court Cr.Misc. No.12763 of 2009 (12) dt.04-12-2012 3 impugned order dated 25.6.08 passed in Cr. Revision no. 382/07 by Sessions Judge, Bhagalpur and also the order dated 18.8.2007 passed in Complaint Case No. 1537/05 by Chief Judicial Magistrate, Banka are hereby quashed. A.I./N.A.F.R. (Mandhata Singh, 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.