Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34661 of 2010 ====================================================== Hira Lal Gupta, S/o Late Moti Lal Gupta, resident of village-Pipra, P.S. Chautham, District-Khagaria .... .... Petitioner Versus 1. The State of Bihar 2. The District Magistrate, Aurangabad 3. The Block Development Officer, Block Deo, Aurangabad 4. The Programme Officer, NAREGA, Deo, Aurangabad .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02. 25-04-2012 Heard Mr. Anirudh Kumar Verma, learned counsel for the petitioner and Mr. Maya Nand Jha, learned Additional Public Prosecutor for the State. The petitioner has questioned the First Information Report arising from Deo P.S. Case No. 91 of 2009 registered for offence punishable under [STATUTE] against the petitioner. Learned counsel for the petitioner, with reference to the F.I.R. placed at Annexure-1 submits that for not maintaining the measurement book, a direction was issued by the District Magistrate-cum-the District Programme Coordinator, NAREGA, Aurangabad to the Block Development Officer to institute a case against the petitioner vide memo no. 663 dated 20.07.2009 and following which a complaint was instituted vide letter no. 239 dated 27.07.2009 by the Block Development Officer, Deo giving Patna High Court Cr.Misc. No.34661 of 2010 (2) dt.25-04-2012 2 rise to the police case in question. A bare perusal of the directions issued by the District Magistrate which forms the basis of institution of the case in question under [STATUTE] , demonstrates an abuse of statutory powers. Proceedings under Section 188 cannot be initiated for violation of any executive orders. The provision of [STATUTE] is self eloquent and is to be exercised where an order promulgated by a public servant lawfully empowered to promulgate such order, is violated by any person. The F.I.R. charges the petitioner of not making entries in the measurement book. It is manifest that the F.I.R. has been instituted beyond the scope of provisions of [STATUTE] and thus cannot be sustained. Accordingly this application is allowed. The F.I.R. arising from Deo P.S. Case No. 91 of 2009 and the entire proceedings arising therefrom is quashed and set aside. S.Sb/- (Jyoti Saran, J)

Applicable IPC Section: 188

Statute Text:
Section 188 of the Indian Penal Code. Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.