Case Facts:
Patna High Court Cr.Misc. No.14841 of 2010 (3) dt.05-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14841 of 2010 ====================================================== 1. Akhilesh Prasad Singh @ Akhilesh Singh son of late Bindeshwar Singh, resident of Village-Rajpur, P.S.-Nabinagar, District- Aurangabad. 2. Bishwanath Singh son of Bhuneshwar Singh, resident of Village- Chanargarh, P.S.-Nabinagar, District-Aurangabad. 3. Sudama Singh, son of late Satynarayan Singh, resident of Village- Bilaspur, P.O.-Chandragarh, P.S.-Nabinagar, District-Aurangabad. .... .... Petitioners Versus 1. The State Of Bihar. 2. Ram Kripal Singh, resident of Village+P.O-Paiwan, P.S.- Aurangabad, District-Aurangabad. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 05-11-2012 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 16.11.1979 passed in Aurangabad (T) P.S. Case No. 16 (8) of 1979 by the Chief Judicial Magistrate, Aurangabad, taking cognizance of the offence under [STATUTE] and Section 27 of the Arms Act against the accused named in the charge sheet including the petitioners. On perusal of the impugned order, I find no any illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. However, the Patna High Court Cr.Misc. No.14841 of 2010 (3) dt.05-11-2012 petitioners would be at liberty to raise all points, raised herein, at appropriate stage in trial court. Safik/- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 153

Statute Text:
Section 153 of the Indian Penal Code. Wantonly giving provocation with intent to cause riot, If rioting be committed. Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both, and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.