Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20159 of 2008 ====================================================== 1. Mangal Chandra Prasad son of Ramdas Sao, resident of Village-Bodhgaya Pachhati, P.S.-Bodhgaya, District- Gaya. 2. Sudama Prasad son of Mangal Chandra Prasad, resident of Village-Bodhgaya, Pachhati, P.S.-Bodhgaya, District- Gaya. .... .... Petitioners Versus 1. The State Of Bihar. 2. Anil Kumar son of Mahesh Sharma, Anchal Adhikari Bodhgaya, P.S.-Bodhgaya, District-Gaya. .... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Ashok Kumar, Adv. For the O.P. No. 2 : Mr. Shashi Bhushan Kumar, Adv. For the State : Mr. Satyendra Nr. Ray, A.P.P. ============================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14 23-04-2012 Heard learned counsel for the petitioners, learned A.P.P. appearing on behalf of State and learned counsel for O.P. No. 2. This application, under Section 482 of the Code of Criminal Procedure, is to quash the First Information Report of Bodhgaya P.S. Case No. 61 of 2008, registered under [STATUTE] . Learned counsel appearing on behalf of petitioners made submission that on investigation, the police has already Patna High Court Cr.Misc. No.20159 of 2008 (14) dt.23-04-201 2/22 submitted the charge-sheet in this case. Under the aforesaid facts and circumstances, this application is dismissed. However, the petitioners would be at liberty to raise his defence, raised herein, at appropriate stage in trial Court. Safik/- (Rajendra Kumar Mishra, J.)

Applicable IPC Section: 153

Statute Text:
Section 153 of the Indian Penal Code. Wantonly giving provocation with intent to cause riot, If rioting be committed. Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both, and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.