Case Facts:
Patna High Court Cr.Misc. No.2468 of 2011 (3) dt.05-03-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2468 of 2011 ====================================================== Radha Krishna Singh Yadav .... .... Petitioner/s Versus State Of Bihar&Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jagdish Prasad, Adv. For the State : Mr.Ajit Kumar, A.P.P. For the Complainant : Mr.Sanjay Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 05-03-2012 Heard learned counsel for the petitioner, for the complainant and the learned counsel for the State. Learned counsel for the petitioner is challenging the order dated 4th November 2009 by which the court below has taken cognizance of the case for the offences [STATUTE] ssions Judge, F.T.C.III, Munger in Cr.Revn.No.353 of 2009 who affirmed the order passed by the learned Magistrate. In the present case, the petitioner alleges that the present case has been filed with mala fide reason as the petitioner is not a competent person to release the salary of the complainant and the complaint petition has been filed in order to humiliate and bow down before him so that there may be illegal payment to the complainant. It has been further submitted that there is a report of Regional Deputy Director which is not on the record before this Patna High Court Cr.Misc. No.2468 of 2011 (3) dt.05-03-2012 Court, but the petitioner has submitted that it has been held by the authority that the petitioner is not any way involved in the episode as alleged in the complaint petition. The informant has appeared and submitted that the allegation made in Para 6 and 8 constitute the offence alleged and at this juncture while exercising the power under Section 482 Cr.P.C. this Court should not look into the defence of the petitioner. He has also leveled the allegation of mala fide. It is relevant to state that the complainant had moved before this Court in C.W.J.C.No. 10621 of 2010 for payment of salary and there also allegation has been made against the petitioner. This Court has passed the order to move before the Regional Deputy Director for payment of salary In view of the aforesaid facts and circumstances of the case, this petition is dismissed. However, liberty is given to the petitioner to raise all the points in the court below at the time of framing of charge. Jay/- (Shivaji Pandey, 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.