Case Facts:
Patna High Court Cr.Misc. No.15442 of 2012 (2) dt.11-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 15442 of 2012 =================================================== Bibhash Chandra Chaudhary S/O Late Rai Chandra Chaduhary R/O Village- Mohan Chandpur Kundi, Tola, P.S- Barari, District- Katihar. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ==================================================== Appearance : For the Petitioner/s : Mr. Yogendra Pd. Sinha, Adv. For the Opposite Party/s : Mr. J.K. Singh, APP. ==================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02. 11.09.2012 The Petitioner seeks quashing of the entire proceeding including the order dated 19.01.2012 passed by the Chief Judicial Magistrate, Katihar in Barari P.S. Case No. 143 of 2010 by which he has taken cognizance under [STATUTE] . The prosecution case is that on 19.10.2010 when Code of Conduct was in force 15-20 persons were raising slogans without permission from the Katihar District Authorities. It has been submitted on behalf of the Petitioner that Annexure-2 & 3 reveals that a proper permission had been sought from the authorities concerned who had granted the same and, hence, the allegations in the First Information Report is completely misplaced. Accepting the same, the application is allowed and the entire proceeding including the order dated 19.01.2012 passed by the Chief Judicial Magistrate, Katihar in Barari P.S. Case No. 143 of 2010 is, hereby, set aside. Vikash/- (Anjana Prakash, 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.