Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17370 of 2010 ===================================================== Bashant Kumar @ Manu, son of Late Mahavir Vishwakarma, resident of village-Prithviraj Path Lohanipur, P.S. Kadamkuan, District-Patna. At present residing at Quarter No.207/C Sector (C) Bondamunda, Raulkela, Orisa. .... .... Petitioner. Versus 1. The State of Bihar. 2. Rekha Prasad, wife of Shashidhar Prasad, resident of village- Navshehara Chak, P.S. Ghosi, District-Jehanabad. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioner : Mr. B.J. Ojha, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 6 31-10-2012 Heard learned counsel for the petitioner and the learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioner for quashing the order dated 1.2.2006 passed in Ghosi P.S. Case No.235 of 2004/Trial No.418 of 2010 by the court of Chief Judicial Magistrate, Jehanabad, taking cognizance of the offences under [STATUTE] against the accused, named in column no.11 of the chargesheet, including the petitioner. Learned counsel appearing on behalf of the petitioner made submission that the petitioner is the maternal uncle of the Patna High Court Cr.Misc. No.17370 of 2010 (6) dt.31-10-2012 2 / 4 2 co-accused, Shashidhar, the husband of the complainant- informant, Rekha Prasad, and he has been falsely implicated in this case only to give undue pressure. It is further submitted that from perusal of the Complaint Case No.637 of 2004, which was sent under Section 156(3) of the Code of Criminal Procedure to the concerned police station to investigate the case and submit the final form, it appears that while the name of the petitioner has been shown in the accused column but no overt act has been attributed to him. It is also submitted that the co-accused, Smt. Kirti Devi and Ajit Kumar, who were the Nanad and Nandosi respectively of the complainant-informant, Rekha Prasad, had filed Criminal Misc. No.28664 of 2006 to quash the cognizance order dated 1.2.2006 in respect to them. Similarly, the co-accused, Kumari Kavita alias Bibi and Chandrakant, who were unmarried Nanad and Dewar respectively of the complainant-informant, Rekha Prasad, had filed Criminal Misc. No.52963 of 2007 to quash the cognizance order dated 1.2.2006 in respect to them. The aforesaid both Criminal Misc. Applications had been heard together and were allowed vide dated 22.10.2008 by a Bench of this Court, quashing the cognizance order dated 1.2.2006 in respect to the aforesaid co-accused. It appears that the complainant-informant, Rekha Patna High Court Cr.Misc. No.17370 of 2010 (6) dt.31-10-2012 3 / 4 3 Prasad, filed Complaint Case No.637 of 2004 in the court of the Chief Judicial Magistrate, Jehanabad, against her husband, Shashidhar and the relatives of her husband including the petitioner for the offences under [STATUTE] . The said complaint case was sent to the concerned police station under Section 156(3) of the Code of Criminal Procedure for investigation and submission of final form. Accordingly, Ghosi P.S. Case No.235 of 2004 was instituted on 20.10.2004 under [STATUTE] besides Sections 3/4 of the Dowry Prohibition Act against all the accused named in the complaint petition and after investigation police submitted the chargesheet in the court of the Chief Judicial Magistrate, Jehanabad, who took cognizance of the offences under [STATUTE] through the impugned order dated 1.2.2006 against the chargesheeted accused. From perusal of the complaint petition, which is the basis of the F.I.R. of Ghosi P.S. Case No.235 of 2004, it appears that while the name of the petitioner has been shown in the accused column but no overt act has been attributed to him. As such taking cognizance of the offences under [STATUTE] through the impugned Patna High Court Cr.Misc. No.17370 of 2010 (6) dt.31-10-2012 4 / 4 4 order dated 1.2.2006 against the petitioner is an abuse of the process of the court. Accordingly, the impugned order dated 1.2.2006 passed in Ghosi P.S. Case No.235 of 2004/Trial No.418 of 2010 by the court of Chief Judicial Magistrate, Jehanabad, with respect to the petitioner, is hereby quashed and the application is allowed. P.S./- (Rajendra Kumar Mishra, 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.