Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.57 of 2012 ====================================================== Md. Aniqur Rahman S/O Late Alhaj Matiur Rahman, Presently Secretary Of M.R. Janta College , Maheshpatti, Samstipur R/O Village - Lakhmipur Maheshpatti, P.S. Ujiarpur, District - Samastipur .... .... Petitioner Versus 1. The State Of Bihar Through The Director General Of Police, Government Of Bihar, Patna 2. The Home Secretary, Department Of Bihar, Patna 3. The Inspector General Of Police, Darbhanga Division, Darbhanga 4. The Deputy Inspector General Of Police, Darbhanga Division, Darbhanga 5. The Superintendent Of Police, Samastipur, District - Samastipur 6. The Sub Divisional Police Officer Of Dalsing Sarai Sub Division, District - Samastipur 7. The Office In Charge Of Ujiarpur Police Station, District - Samastipur 8. Khalique Rahman S/O Late Alhaj Matiur Rahman R/O Village - Lakhimpur Maheshpatti, P.S. Ujiarpur, District - Samastipur 9. Devendra Kumar S/O Anand Singh R/O Village - Bhiri Tole Lagunia Raghukanth, P.S. Samastipur, District - Samastipur .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 06-12-2012 The petitioner filed Complaint Case No.364 of 2010 in the court of the learned Chief Judicial Magistrate, Dalsingsarai. The said complaint was referred to police in exercise of powers conferred under Section 156(3) of the Code of Criminal Procedure and accordingly, the police instituted Ujiarpur P.S.Case No.124 of 2010 dated 09.07.2010 against the accused persons under [STATUTE] . The investigation was taken up. In course of investigation, the petitioner filed a writ petition before this Court, Patna High Court CR. WJC No.57 of 2012 (3) dt.06-12-2012 2 which was numbered as Cr.W.J.C.No.1155 of 2010. In that writ petition, it was submitted that the investigation of the aforesaid case was being delayed without any valid justification. After hearing the parties, a Bench of this Court directed that the investigation of the aforesaid police case, be completed expeditiously and without unnecessary delay. It was further directed that on completion of investigation, the police report be submitted forthwith. The present writ petition was subsequently filed on 12.01.2012 making the following prayer in paragraph no.1 of the writ petition:- “1. That this application on behalf of the petitioner above named, is for issue of writ in the nature of mandamus and / or any other appropriate writ or writs order/ direction to the respondent no.5 to 7 to arrest the respondent no.8&9 accused persons of Ujiarpur P.S.Case No.124/10 dated 9.7.10 instituted under [STATUTE] . and further direct the S.P. Samastipur to execute the order dated 5.4.2011 passed in Cr.WJC No.1155/10 by his Lordship Hon’ble Mr.Justice Shailesh Kumar Sinha where by direction issued to the t5he police officers to complete the investigation of aforesaid case and also to provide adequate protection to the petitioner and other witnesses.” A counter affidavit has been filed on behalf of the State. It is taken on record. In the counter affidavit, it has been stated that the police has already concluded its investigation and submitted chargesheet Patna High Court CR. WJC No.57 of 2012 (3) dt.06-12-2012 3 no.165 of 2012 dated 21.08.2012 in the court of learned Additional Chief Judicial Magistrate, Dalsingsarai. It has also been contended that the learned District & Sessions Judge, Samastipur has stayed the arrest of the accused persons and, as such, the chargesheeted accused were not arrested. Learned counsel appearing on behalf of the State submits that as of date the case is not under investigation, as the police report under Section 173 of the Code of Criminal Procedure, has already been submitted in the court of competent jurisdiction. Taking into consideration, the facts and circumstances of the case, I find that the order passed by this Court in the previous writ filed on behalf of the petitioner has already been complied with. So far as the question relating to arrest of Respondent No.8 and 9 is concerned, since there is already an order of stay of arrest passed by a competent court, no such direction can be given by this Court. The petition lacks merit. It is dismissed, accordingly. B.Kr./- (Ashwani Kumar Singh, 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.