Case Facts:
Patna High Court Cr.Misc. No.19154 of 2010 (7) dt.08-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19154 of 2010 ====================================================== Taslim Dhunia son of Ishmyl Dhunia, resident of Village-Belua, P.S.- Kishanganj, District-Kishanganj. .... .... Petitioner Versus 1. The State Of Bihar. 2. Md. Nazamuddin, Advocate, son of Azilur Rahmaan, resident of Mohalla-Ruidhasa, Ward No. 23, P.S.-Kishanganj, District- Kishanganj. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 7 08-11-2012 Heard learned counsel for the petitioner 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 18.01.2010 passed in Kishanganj P.S. Case No. 382 of 2008 (G.R. No. 1381/2008) by the Court of Chief Judicial Magistrate, Kishanganj, whereby the learned Chief Judicial Magistrate took the cognizance of the offence under [STATUTE] on perusal of the case diary. Learned counsel for the petitioner submits that petitioner has purchased 3 Katha of land from Md. Hussain Khan of Plot No. 491, as such, the allegation as made in the complaint petition is false. On the other hand, learned counsel for opposite party Patna High Court Cr.Misc. No.19154 of 2010 (7) dt.08-11-2012 no. 2 submits that the Plot No. 491 of about 10 Katha, the petitioner has forcibly occupied the portion of opposite party no. 2 as alleged in the complaint petition. 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 petitioner would be at liberty to raise all points, 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.