Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6699 of 2012 ====================================================== Kamleshwari Yadav S/O Satto Yadav R/O Vill Bijalpur, P.S.Bihara, Distt- Saharasa .... .... Petitioner/s Versus 1. The State of Bihar 2. Upendra Yadav, son of Raghuni Yadav 3. Bechan Yadav, son of late Jugo Yadav Both resident of village Bijalpur, P.S. Bihra, Distt. Saharsa. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. C.M. Jha, Adv. For the State : Mr. B.P. Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 03-07-2012 Heard learned counsel for the petitioner and the State. The petitioner seeks quashing of the order dated 16.8.2011 passed by the Additional Sessions Judge-cum-F.T.C.III, Saharsa, in Criminal Revision 6 of 2011 by which he has confirmed the order dated 16.11.2010 passed by the Sub Divisional Magistrate, Saharsa, in Misc. Case No. 347 of 2009 by which he has dropped the Proceeding under [STATUTE] against the Opposite Parties No. 2 and 3. Having gone through the impugned order, I do not find any merit in the application, the same is dismissed. However, it is made clear that this order will not in any way prejudice the First Information Report namely Bihra P.S. Case No. 22 of 2008 instituted for the same occurrence. S.Ali (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.