Case Facts:
Patna High Court Cr.Misc. No.26867 of 2009 (05) dt.04-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26867 of 2009 ====================================================== Dropadi Devi @ Dropadi Kumari .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mr. Javed Aslam For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 05 04-07-2012 This is an application for quashing the order dated 04.12.2008 passed by learned Judicial Magistrate, Ist Class, Lakhisarai in Complaint Case No.323C of 2008 in which learned Magistrate has taken cognizance under [STATUTE] . Heard learned counsel for the petitioner and learned counsel for the State. In all ten accused persons are named including this petitioner. Allegation is that all the accused persons forming an unlawful assembly entered the house of complainant, accused Prakash Mahto ordered to assault and loot putting his pistol on temporal region of the complainant. Again he assaulted him by means of butt of the pistol, thereafter, it is alleged that all the accused persons taken away iron rod, iron sheet, axe, spade, maize, mustard. Though, male members have been further specified, but again in Paragraph-5, female accused persons have been alleged for causing assault. So, it never can be said that there is no overt act of the accused- Patna High Court Cr.Misc. No.26867 of 2009 (05) dt.04-07-2012 petitioner. It is clear from the above discussion that prima facie material is there to take cognizance of the case. So, I find that no mistake is committed by the learned Magistrate in taking cognizance. Accordingly, this application is hereby dismissed. Vikash/- (Mandhata Singh, 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.