Case Facts:
Patna High Court Cr.Misc. No.12781 of 2011 (3) dt.24-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12781 of 2011 ====================================================== Sudhir Kumar Ojha son of Krishnadeo Ojha, resident of village- Lahladpur, PS-Muzaffarpur Sadar, District-Muzaffarpur. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Lalu Prasad son of Late Kundan Rai, resident of 25, Tuglak Road, New Delhi , 3. Smt. Rabri Devi, wife of Lalu Prasad, Resident of 10 Circular Road, Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kr. Singh, Adv. For the Opposite Party/s : Mr. Anil Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 24-08-2012 Heard learned counsel for the petitioner and learned counsel for the State. In this case, the petitioner is challenging the order dated 10.2.2011 passed by learned Sessions Judge, Muzaffarpur in Cr. Rev. No. 210 of 2010 and Cr. Rev. No. 228 of 2010 whereby and whereunder the order of taking cognizance passed by the Magistrate arising out of Complaint Case No. 205 of 2010 vide order dated 17.6.2010 was set aside. From the complaint petition it appears that the O.P. Nos. 2 & 3 had given a call for Bihar-Bandh whereupon when the complainant was moving on motorcycle, some miscreants had surrounded him and created mischief including assaulted in the name of enforcing the Bihar-Bandh which led to filing of present complaint petition. Patna High Court Cr.Misc. No.12781 of 2011 (3) dt.24-08-2012 The court of Magistrate vide order dated 17.6.2010 has taken cognizance under [STATUTE] against the O.P. No. 2 and other persons. The order of cognizance was challenged in the aforesaid revision application and the Revisional court vide order dated 10.2.2011 has set aside the order passed by the Magistrate. From the F.I.R. it appears that the allegation of mischief has been raised against some of the miscreants on the basis of Bihar Band and certainly these two petitioners were not present at the place of occurrence nor were instrumental in causing the mischief to the complainant. The Sessions court has set aside the order of Magistrate though on different reasons. In my view, the Sessions court has rightly passed the order as admittedly the allegations that has been made against O.P. Nos. 2 and 3 are relatable to those unknown miscreants who have not been made a party to the complaint case. The allegation of mischief cannot any way connect with O.P. Nos. 2 and 3 who were far away from the place of occurrence. This Court does not find any merit in the present case. Accordingly, this petition is dismissed. Mahesh/- (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.