Case Facts:
Patna High Court Cr.Misc. No.7918 of 2011 (2) dt.14-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7918 of 2011 ====================================================== 1. Binay Kumar Singh S/O Laxmi Narayan Singh R/O Vill- Kurthaul, P.S- Parsa Bazar, Distt- Patna At Present Resident Of Lal Kothi Damariya, P.,S Gardanibagh, Distt- Patna 2. Ajoy Kumar @ Ajoy Kumar Singh S/O Laxmi Narayan Singh R/O Vill- Kurthaul, P.S- Parsa Bazar, Distt- Patna At Present Resident Of Lal Kothi Damariya, P.,S Gardanibagh, Distt- Patna 3. Binod Kumar Singh S/O Binay Kumar Singh R/O Vill- Kurthaul, P.S- Parsa Bazar, Distt- Patna At Present Resident Of Lal Kothi Damariya, P.,S Gardanibagh, Distt- Patna 4. Ashwary S/O Ajoy Kumar Singh R/O Vill- Kurthaul, P.S- Parsa Bazar, Distt- Patna At Present Resident Of Lal Kothi Damariya, P.,S Gardanibagh, Distt- Patna 5. Bittu S/O Ajoy Kumar Singh R/O Vill- Kurthaul, P.S- Parsa Bazar, Distt- Patna At Present Resident Of Lal Kothi Damariya, P.,S Gardanibagh, Distt- Patna 6. Randhir Kumar Singh @ Golden Singh S/O Mithilesh Singh R/O Vill- Kurthaul, P.S- Parsa Bazar, Distt- Patna At Present Resident Of Lal Kothi Damariya, P.,S Gardanibagh, Distt- Patna 7. Rajesh Kumar Singh S/O Birendra Kumar Singh R/O Bihari Mill, Arrah, P.S- Nawada, Distt- Arrah. 8. Birendra Kumar Singh S/O Bhuvneshwar Singh R/O Bihari Mill, Arrah, P.S- Nawada, Distt- Arrah. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Mithilesh Singh S/O Late Shiv Pujan Singh R/O Vill- Kurthaul, P.S- Parsa Bazar, Distt- Patna .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 14-05-2012 Heard learned counsel for the petitioners. In this case, petitioners are challenging the order dated 9.3.2009 passed by Judicial Magistrate 1st class, Patna in Complaint Case No. 3469(C)/2008 whereby the court below has Patna High Court Cr.Misc. No.7918 of 2011 (2) dt.14-05-2012 taken cognizance under [STATUTE] against the petitioner Nos. 1 to 8 and the cognizance under [STATUTE] has been taken against the petitioner Nos. 9 and 10 who are Police Officers posted at Parsa Bazar Police Station. Petitioners had gone at the disputed plot for piling of Bim in order to capture the property. It has been alleged that Officer Incharge has connived with the other petitioners and did not discharge the duty but acted with a view to help the petitioners (accused). In stead of helping the opposite party No. 2, the Officer Incharge was asking documents, when it was produced, unnecessarily lost his tamper against the complainant/opposite party No. 2 so much so that they have extended the protection to accused persons and also instigated to kill complainant. The court below has examined the matter and found the prima facie case against the petitioners. The counsel for the petitioners submits that Officer Incharge had gone to discharge his duty as he had received information and it appears that cognizance has been taken under [STATUTE] against this petitioner. The learned counsel for the petitioners submits while filing the case against police official, no sanction has been Patna High Court Cr.Misc. No.7918 of 2011 (2) dt.14-05-2012 obtained under section 197 of the Cr. P.C. The sanction can be taken at any stage of the proceeding. In this view of the matter, this Court does not find any merit in the present application. Accordingly, this petition is dismissed. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 506

Statute Text:
Section 506 of the Indian Penal Code. Criminal intimidation. Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc — and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.