Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41908 of 2009 ====================================================== 1. Javed Iqbal @ Munna. 2. Hasan Shahid. 3. Md. Hasan Jahid @ Babloo. All sons of late Abdul Hafiz, residents of Village-Jadopur, Police Station-Pandarak, District-Patna. 4. Bhola Singh, son of late Gandhi Singh, resident of Village- Chakmidad, Police Station-Pandarak, District-Patna. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 23-03-2012 Heard learned counsel for the petitioners and learned A.P.P. for the State. This application, under Section 482 of the Code of Criminal Procedure, is to quash the order dated 07.11.2009, passed in Complaint Case No. 224 (C) of 2008 by Sri R.P. Gupta, Judicial Magistrate, 1st Class, Barh, summoning the accused-petitioners, on enquiry under Section 202 of the Code of Criminal Code, finding prima facie case under [STATUTE] . Learned counsel appearing on behalf of petitioner made submission that initially Pandarak P.S. Case No. 39 of 2006 was lodged under Sections 364 (A), 120 (B) and 34 of the Indian Penal Code on the basis of the written report of Md. Akbar, but the Patna High Court Cr.Misc. No.41908 of 2009 (3) dt.23-03-2012 2/2 police submitted the final form. Thereafter, the learned Magistrate on the basis of the protest petition, filed by the informant, Md. Akbar, treated the same as Complaint Case No. 224 (C) of 2008 and the learned Magistrate has illegally summoned the accused- petitioner, finding prima facie case under [STATUTE] . On perusal of the impugned order, it appears that the learned Magistrate on perusal of the complaint petition, S.A. of the complainant and the statements of the witnesses, as recorded in course of enquiry, arrived at conclusion that prima facie case under [STATUTE] is made out against the accused-petitioners, and, accordingly, summoned them. Apparently, I find no illegality in the impugned order amounting to abuse of the process of the Court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.