Case Facts:
Patna High Court Cr.Misc. No.44272 of 2010 (2) dt.15-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44272 of 2010 ====================================================== Dr. Shakil Ahmad son of Late Shakoor Ahmad, Resident of village Umgaon, Police Station Harlakhi, District Madhubani .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saba Ashfaque, Advocate For the Opposite Party/s : Mr. Ajay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 15.5.2012 The petitioner seeks quashing of the entire proceeding including the order dated 29.3.2010 passed in G.R. No.967 of 2009 Pandaul P.S. case No.66 of 2009 Trial No.3121 of 2010, by which the S.D.J.M., Madhubani has taken cognizance [STATUTE] ermission of the S.D.O. for holding a public meeting at a particular place, the accused held the same at a different place, which the petitioner being candidate of the parliamentary elections, along with five other accused persons, addressed. It has been submitted on behalf of the petitioner that there was no promulgation of order [STATUTE] made Patna High Court Cr.Misc. No.44272 of 2010 (2) dt.15-05-2012 out. Accepting the said arguments, the entire proceeding including the order dated 29.3.2010 passed by the S.D.J.M., Madhubani in G.R. No.967 of 2009 Pandaul P.S. case No.66 of 2009 Trial No.3121 of 2010 is quashed. The application stands allowed. Narendra/ ( Anjana Prakash, 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.