Case Facts:
Patna High Court Cr.Misc. No.35537 of 2009 (2) dt.12-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35537 of 2009 ====================================================== Binod Kumar Bharti S/o Bhairau Paswan, R/o Muhalla Nayaganw, Thakurbadi Road, P/S East Colony, Jamalpur in the District of Munger .... .... Petitioner/s Versus 1. The State of Bihar 2. Madanlal Mandal S/o Late Krishnadeo Mandal, R/o Nayaganw, P/S East Colony, Jamalpur in the District of Munger …Opposite party 1st set 3. Prem Prakash Chaurasiya S/o Late Thakur Mandal 4. Prit Kumar S/o Prem Prakash Chaurasiya, R/o Nayaganw, P/S East Colony, Jamalpur in the District of Munger ……Opposite party 2nd set. ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Ved Prakash, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 12.3.2012 The petitioner seeks quashing of the order dated 7.1.2009 passed by the S.D.M., Sadar, Munger in Case No.32/M of 2009, by which it has noticed the petitioner to show cause as to why the proceeding be not converted [STATUTE] etitioner, the better course would have been for him to appear before the court below to explain his possession. With these observations, the application is disposed off without entering into the merits of the case. Narendra/ ( Anjana Prakash, J. )

Applicable IPC Section: 145

Statute Text:
Section 145 of the Indian Penal Code. Joining or continuing in an unlawful assembly, Knowing that it has been commanded to disperse. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both.