IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31584 OF 2008 1. SANJEEV KUMAR, SON OF NAGENDRA NARAYAN SINGH, HOUSE NO. 5, OLD JAKKANPUR, POLICE STATION JAKKANPUR, DISTRICT PATNA 2. ARUN KUMAR SINGH, SON OF JAG NARAYAN SINGH, RESIDENT OF ASHIANA NAGAR, POLICE STATION RAJEEV NAGAR, DISTRICT PATNA ……………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. DHANANJAY KUMAR SINGH, SON OF DR. MAHENDRA PRASAD, RESIDENT OF GAYATRI NAGAR, RUKUNPURA, POLICE STATION DANAPUR, DISTRICT PATNA ………………………………………………………………………OPPOSITE PARTIES ********** 2 27/06/2011 This application has been filed challenging the order dated 04.01.2007 passed in Complaint Case No. 3458C of 2006 by which the Judicial Magistrate, 1st Class, Patna has taken cognizance for the offences alleged to have been committed under Sections 323, 406 and 418 of the Indian Penal Code. The prosecution case, in short, is that the complainant purchased a computer. Some trouble cropped up in the computer due to which he asked the petitioners to change the computer which enraged them and as a result of which the petitioners slapped and manhandled the complainant. On the basis of the facts aforesaid, the case under Section 323, 406 and 418 of the Indian Penal Code was filed and accordingly, cognizance was taken. It is mentioned in this application that no 2 offence under Section 406 or 418 of the Indian Penal Code is made out inasmuch as the petitioners had neither forced the complainant to purchase the computer nor could they be responsible if some part of the computer is not functioning properly. At the most, the complainant would have filed a case under the provisions of the Consumer Protection Act. Since nobody is appearing on behalf of the petitioners and this Court is not aware of the present status of the case, it would not be proper to pass an order quashing the order impugned. However, if the petitioners raise these issues at the stage of framing of the charges or during the trial of the Court, the Court below after examining the submissions made on behalf of the petitioners before passing a final order in this case. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )