Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23484 of 2008 ====================================================== 1. Awadhesh Dubey, son of late Jagat Narayan Dueby 2. Bachchi Devi, wife of Awadhesh Dubey 3. Hemant Dubey, son of Awadhesh Dubey 4. Baby Devi, wife of Hemant Dubey 5. Babloo Dubey, son of Awadhesh Dubey, all residents of village Jhakhra, Police Station Nautan (Jagdishpur), District West Champaran. .... .... Petitioner/s Versus 1. The State of Bihar 2. SDO, Bettiah Sadar, West Champaran. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 7 06-03-2012 Heard Shri Ashutosh Kumar, learned counsel for the petitioners and Shri Shyam Kumar Singh, learned Additional Public Prosecutor. Five petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 9.5.2008 passed by the learned Chief Judicial Magistrate, Bettiah in Complaint Case No.210 C of 2008 (Tr. No.2108 of 2008). By the said order, learned Magistrate has taken cognizance of offence under [STATUTE] on the basis of official complaint lodged Patna High Court Cr.Misc. No.23484 of 2008 (7) dt.06-03-2012 2 / 3 2 by Sub Divisional Officer, Bettiah Sadar, West Champaran for violating/dis-obeying the order passed under Section 144 of the Code of Criminal Procedure. Learned counsel for the petitioners does not argue on the merit of the case, but it was submitted that in view of specific provision contained in [STATUTE] , the complainant was required to disclose as to whether he or any officer authorized by him was annoyed or was caused any injury only. In absence of such fact, offence under [STATUTE] is not made out. In the present case, as per learned counsel for the petitioners, the basic ingredients have not been fulfilled and as such order of cognizance is liable to be set aside. Besides hearing learned counsel for the parties, I have also perused the materials available on record including the complaint petition. At the stage of cognizance, the court is required to see as to whether prima facie Patna High Court Cr.Misc. No.23484 of 2008 (7) dt.06-03-2012 3 / 3 3 case is made out or not. Fact remains that a proceeding under Section 144 Cr.P.C. was promulgated and during that proceeding, the petitioners had violated the direction of the learned Sub Divisional Magistrate and as such at this stage, it would be difficult for this Court to come to a definite conclusion regarding the plea taken on behalf of the petitioner without availability of entire materials. At the stage of cognizance, the court is of the opinion that no such detailed examination is required. Prima facie, after going through the order, I do not find any defect in the order. The petition stands dismissed. Let a copy of this order be sent to the court below forthwith. N.H./- (Rakesh Kumar, 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.