Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45082 of 2011 1. Rajendra Sharma, son of late Akhleshwar Sharma, Incharge Middle School, Punabada, Village Punahada, P.S. Makhadumpur, District- Jehanabad. 2. Madheshwari Devi, Wife of Manrakhan Sharma Head Master Upgradew Middle School, Vimpura, Village Vimpura, P.S. Makhdumpur, District- Jehanabad. --- Petitioners. Versus The State Of Bihar -------- Opposite Party. ---------------------------------- 3. 19.1.2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 5.1.2011 passed by the Judicial Magistrate, Ist Class, Jehanabad in Makhdumpur P.S. Case No.240 of 2010, Tr. No. 2885 of 2011 by which the learned Magistrate has taken cognizance against the petitioners under [STATUTE] . Learned counsel for the petitioners submits that there is no material against the petitioners and they have already submitted A.C. and D.C. bills. At this stage this Court is not inclined to interfere with the impugned order. This application is disposed of with a liberty to the petitioners to raise all the 2 points before the trial court at the time of framing of charge. Vinay/ ( Shivaji Pandey, J.)

Applicable IPC Section: 353

Statute Text:
Section 353 of the Indian Penal Code. Assault or use of criminal force to deter a public servant from discharge of his duty. Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.