Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14210 of 2009 ====================================================== Md. Samiul Haque @ Bade Mian, son of Nanhe Mian, resident of Mohalla- Ganj No.1, P.S. Bettiah Town and District-West Champaran, at present residing and posted at Alzamil Exchange Co. Kingdom of Saudi Arbia .... .... Petitioner/s Versus 1. The State Of Bihar 2. Abdul Qudus, son of Md. Saddique, President of Yateem Khana Badriya, Bettiah, West Champaran and resident of Baswaria, P.S. Chautarwa and District- West Champaran at Bettiah .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ------------------------- 6 12-04-2012 Heard Sri Md. Abu Haidar, learned counsel for the petitioner and Sri Choubey Jawahar, learned Addl. Public Prosecutor. The petitioner, who is accused in Bettiah Town P.S. Case No.362 of 2004, G.R. No.2749 of 2004, registered for the offence under [STATUTE] and 27 of the Arms Act, has prayed for quashing of an order, which was passed on 28.03.2007 , whereby the learned Chief Judicial Magistrate, Bettiah had taken cognizance of offence. During investigation, the case was found true and thereafter chargesheet was submitted. The learned Magistrate after submission of chargesheet and examining the materials on record has passed order of cognizance and directed for issuance of processes for securing attendance of the accused persons including the Patna High Court Cr.Misc. No.14210 of 2009 (6) dt.12-04-2012 2 / 3 2 petitioner. Cognizance order was passed under [STATUTE] . Learned counsel for the petitioner has taken the plea of alibi. It was submitted that the petitioner at the relevant time was in Saudi Arabia. In support of plea of alibi, learned counsel for the petitioner has brought on record number of documents. On the plea of alibi, it has been prayed to set aside the order of cognizance. Learned Addl. Public Prosecutor , while opposing the prayer for quashing of order of cognizance, submits that the allegation against accused persons were found true and, as such, chargesheet was submitted against the accused persons including the petitioner and thereafter order of cognizance was passed. He submits that the plea, which has been taken by the learned counsel for the petitioner, may not be examined at this stage since the order has been passed at the initial stage. Be that as it may, the Court is of the opinion that on the ground of alibi, order of cognizance cannot be set aside. The case was investigated by the police and thereafter order of cognizance was passed. Accordingly, the petition stands dismissed. If so advised, the petitioner may take such plea at the appropriate stage. If such petition is filed at appropriate stage by Patna High Court Cr.Misc. No.14210 of 2009 (6) dt.12-04-2012 3 / 3 3 the petitioner, the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law. In view of dismissal of this petition, interim order of stay dated 24.11.2009 stands automatically vacated. Let a copy of this order be sent to the court below forthwith. NKS/- (Rakesh Kumar, 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.