Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28821 of 2009 ===================================================== Rajeshwar Singh, son of Late Kardhani Singh, resident of village-New Sidhauli, P.S. Dehri Dalmia Nagar, District-Rohtas. .... .... Petitioner. Versus 1. The State of Bihar. 2. Dukhdei Devi, wife of Hari Ram, resident of New Sidhauli, P.S. Dehri, Dalmianagar, District-Rohtas. .... .... Opposite Parties. ===================================================== Appearance : For the Petitioner : Mr. Rajesh Kumar Singh. For the State : Mr. J.K. Roy-1, A.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 3 10-04-2012 Heard the parties. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 5.1.2009 passed in Sasaram P.S. Case No.403 of 2008 by the Chief Judicial Magistrate, Sasaram, taking cognizance of the offence under [STATUTE] and Sections 3 (1) (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the petitioner. From perusal of the impugned order, it appears that the learned Chief Judicial Magistrate on perusal of the chargesheet and the materials available on the record arrived at the conclusion that prima facie case for the offence under [STATUTE] and Sections 3 (1) (X) of the Patna High Court Cr.Misc. No.28821 of 2009 (3) dt.10-04-2012 2 / 2 2 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out and, accordingly, took the cognizance of the offence under the aforesaid Sections against the petitioner. I find no illegality in the impugned order dated 5.1.2009 passed in Sasaram P.S. Case No.403 of 2008 by the Chief Judicial Magistrate, Sasaram, amounting to abuse of the process of the court. Accordingly, this application stands dismissed. 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.