Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34314 of 2010 ====================================================== 1. Bishundeo Yadav 2. Balram Yadav 3. Jamuna Yadav 4. Dashrath Yadav 5. Parmand Yadav @ Ghanshyam Yadav, all are sons of late Munshi Yadav 6. Mahendra Yadav son of late Bhangi Yadav. 7. Surendra Yadav son of late Bangi Yadav 8. Bikash Yadav son of Bishnudeo Yadav 9. Barun Yadav son of Bishnudeo Yadav 10. Mukesh Yadav son of Dasrath Yadav 11. Dharmendra Yadav son of Dasrath Yadav 12. Rajiv Yadav, son of Balram Yadav 13. Niraj Yadav son of Balram Yadav 14. Pankaj Yadav son of Surendra Yadav 15. Sudama Yadav, son of Surendra Yadav All are resident of village-Chaparghat P.S.Anchal, Gopalpur, District- Bhagalpur .... .... Petitioners Versus 1. State of Bihar 2. Adyanand Mishra son of late Dukho Mishra 3. Phulan Mishra sono f late Tarni Mishra 4. Sikandar Mishra son of late Girbar Narayan Mishra All are resident of village-Chapurghat, P.s.Anchal, Gopalpur, District- Bhagalpur .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 07-05-2012 Heard Mr. Rajesh Mohan, learned counsel for the petitioners and Mr. Maya Nand Jha, learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 17.07.2010 passed in Cr.Rev.No.195 of 2008 whereby the learned Additional District and Sessions Judge, Naugachhia, Bhagalpur has been pleased to dispose of the revision application of the petitioners affirming the Patna High Court Cr.Misc. No.34314 of 2010 (3) dt.07-05-2012 2 / 3 2 order dated 5.2.2008 passed by the learned Additional Chief Judicial Magistrate, Naugachia, in Complaint Case No. 4 of 2008 whereby learned Magistrate has been pleased to take cognizance of the offence punishable under [STATUTE] against the petitioners. Perusal of the records of the proceedings including the complaint forwarded by the learned Sub-Divisional Magistrate, Naugachia placed at Annexure 2 of the proceedings manifests that the petitioners were found violating the attachment order issued under Section 146(1) of the Code of Criminal Procedure passed by the Sub- Divisional Magistrate, Naugachia, District-Bhagalpur. A report was forwarded by the Revenue Officer dated 2.2.2007 reporting violation by these petitioners of the order passed by the Sub-Divisional Magistrate, under Section 146 of the Code of Criminal Procedure. The records further manifests that notice being issued, the petitioners refused to accept the same and whereafter cognizance was taken for the offence punishable under [STATUTE] . The revision having been rejected with the liberty to the petitioners to raise their issues during the course of trial, the present application has been filed questioning the orders aforesaid. As the order of cognizance and its affirmation was passed in the year 2010, learned counsel was requested to find out the status of the proceedings but he has failed to inform this Court about the present status. Considering the circumstances and finding no infirmity in the order passed by the Revisional Court, this application is disposed of Patna High Court Cr.Misc. No.34314 of 2010 (3) dt.07-05-2012 3 / 3 3 with the liberty to the petitioners to raise all the issues as raised herein including the issue whether the complaint made by the Sub-Divisional Magistrate, Naugachia forming the basis of initiation of the proceedings fulfills the requirement mandated under [STATUTE] . Bibhash/- (Jyoti Saran, 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.