Case Facts:
Patna High Court Cr.Misc. No.32654 of 2010 (2) dt.15-05-2012 1 / 2 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32654 of 2010 ====================================================== 1. Bindeshwari Paswan son of late Dasai Paswan, 2. Chalitar Paswan son of late Bujhawan Paswan, 3. Jaishree Paswan son of Chalitar Paswan, 4. Mangaru Paswan son of late Dasai Paswan, 5. Bhaddu Paswan son of late Nageshwar Paswan & 6. Surendra Paswan son of Late Bhardul Paswan All resident of village-Ramgarhwa, P.S.-Pipra, District-East Champaran .... .... Petitioner/s Versus 1. The State Of Bihar & 2. Ram Jeewan Thakur son of late Basudeo Thakur, resident of village- Damodarpur, P.S.-Pipra, District-East Champaran .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 15-05-2012 Heard the parties. The petitioners seek quashing of the order dated 28.11.2008 passed by the Chief Judicial Magistrate, Motihari, in Case No.17 of 2009 arising out of Official Case No.946 of 2004 by which the Magistrate has been pleased to take cognizance under [STATUTE] . It has been submitted on behalf of the Petitioners that the alleged occurrence is said to have taken place between 15.03.2003 to 23.03.2003, whereas, cognizance has been taken on 28.11.2008 under [STATUTE] which is punishable with maximum six months without condoning the delay even beyond the period of limitation. Considering the submission on the point of law, I am inclined to allow the application. Accordingly, order dated 28.11.2008 passed by the Chief Judicial Magistrate, Motihari, in Case No.17 of 2009 arising out of Official Case No.946 of 2004 by which the Magistrate has Patna High Court Cr.Misc. No.32654 of 2010 (2) dt.15-05-2012 2 / 2 2 been pleased to take cognizance under [STATUTE] is hereby quashed. Application stands allowed. JA/- (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.