Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20159 of 2008 ====================================================== 1. Mangal Chandra Prasad son of Ramdas Sao, resident of Village-Bodhgaya Pachhati, P.S.-Bodhgaya, District- Gaya. 2. Sudama Prasad son of Mangal Chandra Prasad, resident of Village-Bodhgaya, Pachhati, P.S.-Bodhgaya, District- Gaya. .... .... Petitioners Versus 1. The State Of Bihar. 2. Anil Kumar son of Mahesh Sharma, Anchal Adhikari Bodhgaya, P.S.-Bodhgaya, District-Gaya. .... .... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Ashok Kumar, Adv. For the O.P. No. 2 : Mr. Shashi Bhushan Kumar, Adv. For the State : Mr. Satyendra Nr. Ray, A.P.P. ============================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14 23-04-2012 Heard learned counsel for the petitioners, learned A.P.P. appearing on behalf of State and learned counsel for O.P. No. 2. This application, under Section 482 of the Code of Criminal Procedure, is to quash the First Information Report of Bodhgaya P.S. Case No. 61 of 2008, registered under [STATUTE] . Learned counsel appearing on behalf of petitioners made submission that on investigation, the police has already Patna High Court Cr.Misc. No.20159 of 2008 (14) dt.23-04-201 2/22 submitted the charge-sheet in this case. Under the aforesaid facts and circumstances, this application is dismissed. However, the petitioners would be at liberty to raise his defence, raised herein, at appropriate stage in trial Court. Safik/- (Rajendra Kumar Mishra, J.)

Applicable IPC Section: 188

Statute Text:
Section 188 of the Indian Penal Code. Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.