Case Facts:
Patna High Court Cr.Misc. No.10579 of 2011 (3) dt.09-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10579 of 2011 ====================================================== 1. Chandresh Narayan Singh @ Chandeshwar Singh son of Bachchu Narayan Singh 2. Photo Kumari wife of Chandeshwar Singh Both are resident of House No. 6, Housing Colony, P.S.-Bahadurpur, District-Darbhanga. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Chandra Prakash Gupta son of Sahja Narayan Gupta, resident of House No. 5, Housing Colony, P.S.-Bahadurpur, District-Darbhanga. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Prasad, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 09-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. In this case, petitioners are challenging the order dated 9.4.2010 by which the court below has taken cognizance for offences under [STATUTE] . From the F.I.R.-cum-complaint petition it appears that the dispute arose because of quarrel amongst both the parties which led to assault and counter assault and ultimately this case and counter case have been filed by the parties. From the record it appears that the allegation has been made that the accused persons caught and pulled hair of the Patna High Court Cr.Misc. No.10579 of 2011 (3) dt.09-07-2012 wife of the complainant and assaulted with fist and slaps and had taken away the valuables. The counsel for the petitioners submits that the case that has been filed by the petitioners is an earlier one by way of counter blast to the present case. The counsel for the State has submitted that from the complaint petition, the offence is made out against the petitioners and at this stage only the test of prima case has to be applied. This Court does not find any merit in the case. Accordingly, this petition is dismissed. However, liberty is given to the petitioners to raise all the points before the court below at the time of framing of the charge. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.