Case Facts:
Patna High Court Cr.Misc. No.8014 of 2011 (6) dt.21-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8014 of 2011 ====================================================== Pramod Mahto @ Pramod Kumar & Ors. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binit Kumar, Adv. For the Opposite Party/s : Mr. S.C.Mishra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 6 21-11-2012 Heard learned counsel for the petitioners and the State. In this case, petitioners are challenging the order dated 19th April 2010 passed by the Chief Judicial Magistrate, Nalanda at Biharsharif, whereby and whereunder the Court has been pleased to take cognizance under [STATUTE] and 3(I)(X) of SC/ST(POA)Act in Chchabilapur P.S.Case No.62 of 2009. The case has been lodged on the statement made by one Kiran Devi in Chchabilapur Police Station where the allegation has been made that on 12th December 2009 the informant went to attend the call of nature in the field. While she was returning, the accused caught hold of her and asked her as to why she was destroying the crops. The accused persons misbehaved and also assaulted her. The accused persons followed Patna High Court Cr.Misc. No.8014 of 2011 (6) dt.21-11-2012 her, entered into the dwelling house and there they assaulted the prosecutrix. Short question has been raised by the counsel for the petitioner that the case was investigated by an Officer below the rank of Deputy Superintendent of Police and, as such, the whole prosecution is bad in law. In view of judgment reported in 2011(1) PLJ R 1097 (Ramdasi Devi Vs. State) where this Court has noticed the subsequent notification issued by the State of Bihar whereby and whereunder the Inspector of Police has also been authorized to make investigation, as such, the present case cannot succeed. Accordingly, this petition is dismissed. However, liberty is given to the petitioner to raise all the points at the appropriate stage of trial. Jay/- (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.