Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17849 of 2008 ====================================================== 1. Nirmal Roy, Son of Jagdeo Rai, Resident of Mohalla – Laheriaganj, Ward No. 2, P.S. – Town, District – Madhubani. 2. Neeraj Kumar Jha, Son of Late Bhogi Jha, Resident of Mohalla – Sanket Mochan, P.S. – Town, District – Madhubani. 3. Sohan Bhagat, Son of Late Ram Bhajan Bhagat, Resident of Mohalla – Laheriaganj, Ward No. 1-, P.S. – Town, District – Madhubani. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 7 14-02-2012 Heard Sri Mukund Mohan Jha, learned counsel for the petitioner and Sri M. Haque, learned Additional Public Prosecutor. The present petition under Section 482 of the Code of Criminal Procedure, has been preferred for quashing of an order dated 19.02.2008, passed in T.R. No. 1251 of 2008/G.R. No. 240 of 2006, arising out of Madhubani Town P.S. Case No. 54 of 2006, passed by learned Judicial Magistrate 1st Class, Madhubani. By the said order, the learned Magistrate has rejected the petition filed under Section 239 of the Criminal Procedure Code for discharge and case was fixed for framing of the charges. From the Patna High Court Cr.Misc. No.17849 of 2008 (7) dt.14-02-2012 2 / 2 2 materials on record, it appears that the petitioners were made F.I.R. named accused for the offences under [STATUTE] . Police after registering the case had submitted charge sheet, and thereafter, long back on 16.06.2006, learned Additional Chief Judicial Magistrate, Madhubani, had passed order for cognizance. Cognizance was taken under [STATUTE] . At the stage of charge, petition was filed for discharge, which has been rejected by the impugned order i.e. the order dated 19.02.2008. I have perused the impugned order. I do not find any defect in the order. The petition stands dismissed. Praful/- (Rakesh Kumar, J)

Applicable IPC Section: 148

Statute Text:
Section 148 of the Indian Penal Code. Rioting armed with deadly Weapon. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.