Case Facts:
Patna High Court Cr.Misc. No.10446 of 2011 (3) dt.04-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10446 of 2011 ====================================================== 1. Sajjan Kumar Yadav 2. Alok Kumar Yadav 3. Prem Kishore Yadav alias Prem Kumar Yadav, all sons of Sri Dasrath Yadav 4. Dasrath Prasad Yadav, son of late Rameshwar Yadav 5. Buneli Yadav, son of Thakko Yadav, all resident of Village Fatehpur Yadav Toli, P.S. Zero Mile, Sabour District- Bhagalpur. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Md. Jamalur Rafe, son of Md. Ujair, resident of Village Fatehpur, P.S. Zero Mile, Sabour, District- Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nand Vivek, Advocate. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 04-07-2012 Heard learned counsel for then petitioners and learned counsel for the State. This application has been filed for quashing the order dated 30.9.2010 passed in Complaint Case No. 881 of 2008 by the Judicial Magistrate, Ist Class, Bhagalpur by which he has taken cognizance against the petitioners under [STATUTE] . From the complaint petition it appears that there is allegation of forceful occupation of the land of Kabristan by the accused persons and also giving harm to the graveyard. When the beneficiary of the graveyard has tried to settle the dispute they have resorted firing and used un parliamentary Patna High Court Cr.Misc. No.10446 of 2011 (3) dt.04-07-2012 language. This complaint petition has been filed by the Secretary of the Kabristan Committee. Earlier the complainant has filed Complaint Case No. 91 of 2005 which was forwarded under section 156(3) of the Code of criminal Procedure to register the case and the police after investigation has submitted final form but on protest petition the court below has taken cognizance. This Court does not find any error in the impugned order. Accordingly this application is dismissed. However the petitioner will be at liberty to raise all the points before the court below at the appropriate stage. Vinay/- (Shivaji Pandey, 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.