Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45368 of 2008 ====================================================== Muzaffar Ali son of late Habib Miyan, resident of Village & P.O.- Mubarakpur, Police Station-Marhawrah, District-Saran. .... .... Petitioner Versus 1. The State Of Bihar. 2. Shahid Ansari son of late Islam Miyan, resident of Village & P.O.-Mubarakpur, Police Station-Marhawrah, District-Saran. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Jitendra Kumar, Adv. For the State : Mr. Dashrath Mehta, A.P.P. For O.P. No. 2 : Mr. Basant Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 6 06-02-2012 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 31.07.2008, passed in Criminal Revision No. 131 of 2008 by the Sessions Judge, Saran at Chapra, dismissing the aforesaid criminal revision preferred by the accused-petitioner against the order dated 07.05.2008, passed in Complaint Case No. 3121 of 2006 (Tr. No. 3579 of 2008) by the Court of Sri D.R. Tripathi, Judicial Magistrate, 1st Class, Saran at Chapra, summoning the accused named in complaint petition including the petitioner finding prima facie case under [STATUTE] , on enquiry under Section 202 of the Code of Criminal Patna High Court Cr.Misc. No.45368 of 2008 (6) dt.06-02-2012 2/2 Procedure. On perusal of the order dated 31.07.2008, passed in Criminal Revision No. 131 of 2008 and order dated 07.05.2008, passed in Complaint Case No. 3121 of 2006 (Tr. No. 3579 of 2008), summoning the accused-petitioner finding prima facie case under [STATUTE] , I find no illegality in the impugned order amounting to abuse of the process of the Court for interference in inherent jurisdiction under Section 482 of Code of Criminal Procedure. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise all defence, raised herein, at appropriate stage in trial Court. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 448

Statute Text:
Section 448 of the Indian Penal Code. House-trespass. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.