Case Facts:
Patna High Court Cr.Misc. No.16375 of 2012 (2) dt.11-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 16375 of 2012 =================================================== Devendra Prasad Yadav @ Devendra Yadav S/o Chandan Prasad Yadav Resident Of Village+P.S.- Fulparas, District- Madhubani. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Abdul Hamid, the Then Block Development Officer, Madhepur Block, Permanent Resident Of Village Chandi, P.S.- Narhi Chandi, District- Bhojpur. .... .... Opposite Party/s =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 11.09.2012 The Petitioner seeks quashing of the entire proceeding including the order dated 05.05.2010 passed by the Sub-Divisional Judicial Magistrate, Jhanjharpur in Bheja P.S. Case No. 35 of 2009 (G.R. No. 403 of 2009) by which he has taken cognizance under Sections 188, 171(C) and 171(H) of the Indian Penal Code. The prosecution case is that about fifty motorcyclists were organizing procession during election despite Model Code of Conduct in operation. The counsel for the Petitioner submits that in the facts of the case no offence under Sections 171(C) and 171 (H) IPC is made out and so far [STATUTE] is concerned there is no allegation that it was the Petitioner who had organized the procession. Considering the same, the application is allowed Patna High Court Cr.Misc. No.16375 of 2012 (2) dt.11-09-2012 and the entire proceeding including the order dated 15.04.2009 passed by the Sub-Divisional Judicial Magistrate, Jhanjharpur in Bheja P.S. Case No. 35 of 2009 (G.R. No. 403 of 2009) is, hereby, set aside. Vikash/- (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.