Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41890 of 2010 ====================================================== Ajay Kumar Soni son of Shri Gopal Prasad Soni, R/o village Nabinagar, Maszid Gali, P.S. Nabinagar, Dist. Aurangabad. .... .... Petitioner/s Versus 1.State Of Bihar 2.Chandan Kumar Soni. 3. Kundan Kumar Soni. 4. Chitranjan Kumar Soni. 5. Bijay Prasad Soni 6. Awakash Sounolik 7. Deepak Kumar Soni, all R/o village Nabinagar, Maszid Gali, P.S. Nabinagar, Dist. Aurangabad .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 2 10-05-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The main grievance of the petitioner who happens to be informant of Nabinagar P.S. Case No. 28 of 2009 is that inspite of sufficient material having on the record the learned Chief Judicial Magistrate, failed to take cognizance under [STATUTE] . and instead there of took cognizance under [STATUTE] and Patna High Court Cr.Misc. No.41890 of 2010 (2) dt.10-05-2012 2 / 2 2 same has also been endorsed by the A.D.J. F.T.C. No. -5, Aurangabad in Cr. Revision No. 50 of 2009/4 of 2010. Petitioner has nothing to worry because of the fact that there happens to be presence of section 323 of the Cr.P.C. where under the case could be committed to the Court of Sessions at any stage if prima facie material is placed before the court concerned attracting the offence and if such a prayer is made on behalf of the petitioner, the trial court will consider the same without being influenced by the order of cognizance as well as the order of the revisional court. With the above observation the instant application is disposed of. M.Rahman/- (Aditya Kumar Trivedi, 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.