Case Facts:
Patna High Court Cr.Misc. No.13707 of 2011 (2) dt.24-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13707 of 2011 ====================================================== 1. Naresh Singh @ Naresh Pd. Singh S/O Late Yugal Singh R/O Village - Daulatpur, P.S. - Jamui, District - Jamui 2. Fantus Singh S/O Naresh Prasad Singh R/O Village - Daulatpur, P.S. - Jamui, District - Jamui 3. Buchi Singh S/O Naresh Prasad Singh R/O Village - Daulatpur, P.S. - Jamui, District - Jamui 4. Sajjan Singh S/O Naresh Prasad Singh R/O Village - Daulatpur, P.S. - Jamui, District - Jamui .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate. For the Opposite Party/s : Mr. Binod Kumar No.3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 24-07-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 28.10.2010 passed in Jamui P.S. Case No.310 of 2008 by the Chief Judicial Magistrate, Jamui by which he has taken cognizance against the petitioners under [STATUTE] and 27 of the Arms Act. From the First Information Report it appears that cousin brother of the informant had gone to his field for irrigation where the accused persons came there and Patna High Court Cr.Misc. No.13707 of 2011 (2) dt.24-07-2012 assaulted him with different weapons and also used fire arms against him. Ultimately his cousin brother succumbed to the injuries. Learned counsel for the petitioners submits that although there is direct against allegation against petitioner no.2 but all the family members have been made accused. After investigation the police has submitted final form but the court differed with the police report and on the basis of protest petition the court below has taken cognizance. This Court does not find any error in the impugned order. However, the petitioner will be at liberty to raise all the points before the court below at the time of framing of charge. With the aforesaid observation this application is disposed of. Vinay/- (Shivaji Pandey, J)

Applicable IPC Section: 147

Statute Text:
Section 147 of the Indian Penal Code. Rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.