Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26541 of 2002 =========================================================== Against the order dated 3.8.2002 passed by the Chief Judicial Magistrate, Patna in Complaint Case No.1092(C) of 2001/T.R. No.1612 of 2002. =========================================================== A.K.Upadhyay, son of Late S.N. Upadhyay, at present residing at 5 Off Polo Road, P.S. Gardanibagh, District-Patna. .... .... Petitioner. Versus 1. The State of Bihar. 2. Shri Ajay Kumar Verma, son of Late Krishna Kumar Verma, resident of Shanti Villa, Road No.1, Rajendra Nagar, P.S. Kadamkua, District-Patna, Bihar. .... .... Opposite Parties. =========================================================== with Criminal Miscellaneous No. 26542 of 2002 =========================================================== Against the order dated 3.8.2002 passed by the Chief Judicial Magistrate, Patna in Complaint Case No.1092(C) of 2001/T.R. No.1612 of 2002. =========================================================== Vijay Shankar Dubey, son of Shri Shaligram Dubey, at present residing at 127A, Pataliputra Colony, P.S. Pataliputra, District-Patna. .... .... Petitioner. Versus 1. The State of Bihar. 2. Ajay Kumar Verma, son of Late Krishna Kumar Verma, resident of Shanti Villa, Road No.1, Rajendra Nagar, P.S. Kadamkua, District-Patna, Bihar. .... .... Opposite Parties. =========================================================== With Criminal Miscellaneous No. 25700 of 2002 Against the order dated 3.8.2002 passed by the Chief Judicial Magistrate, Patna in Complaint Case No.1092(C) of 2001/T.R. No.1612 of 2002. =========================================================== Radhika Ranjan Prasad, son of Sri Gupteshwar Prasad Singh, resident of 13- Daroga Rai Path, Patna, presently posted as Director General and Inspector General of Police, Government of Bihar, Main Secretariat, Patna. .... .... Petitioner. Versus 1. The State of Bihar. 2. Shri Ajoy Kumar Verma, IPS, son of Late Krishna Kumar Verma, resident of Shanti Nilay, Road No.1, Rajendra Nagar, P.S. Kadam Kuan, Patna. .... .... Opposite Parties. Patna High Court Cr.Misc. No.26541 of 2002 dt.23-03-2012 2 / 15 2 =========================================================== with Criminal Miscellaneous No. 25214 of 2002 =========================================================== Against the order dated 3.8.2002 passed by the Chief Judicial Magistrate, Patna in Complaint Case No.1092(C) of 2001/T.R. No.1612 of 2002. =========================================================== 1. Mukund Prasad, son of Late Janardan Prasad, resident of A-3/1, Bailey Road, P.S. Shastri Nagar, town and District-Patna, presently working as Principal Secretary to the Chief Minister, Bihar, Patna. 2. Umesh Narayan Panjiar, son of Late Badri Narayan Panjiar, resident of A- 3/2, Bailey Road, P.S. Shastri Nagar, town and District-Patna, presently posted as Commissioner & Secretary, Home Department, Government of Bihar, Old Secretariat, Patna. .... .... Petitioners. Versus 1. The State of Bihar. 2. Sri Ajoy Kumar Verma, IPS, son of Late Krishna Kumar Verma, resident of Shanti Nilay, Road No.1, Rajendra Nagar, P.S. Kadamu Kuan, Patna. .... .... Opposite Parties. =========================================================== Appearance : (In Cr.Misc. No. 26541 of 2002) For the Petitioner: M/s. S.N. Pathak,Girish Chandra Jha, and Vinay Kirti Singh, Advocates. For the State : Mr. Satyendra Narain Singh, A.P.P. (In Cr.Misc. No. 26542 of 2002) For the Petitioner : M/s. Y.V. Giri, Senior Advocate, S.N. Pathak, Vinay Kirti Singh and Pranav Kumar, Advocates. For the State : Mr. Satyendra Narain Singh, A.P.P. (In Cr.Misc. No. 25700 of 2002) For the Petitioner : None. For the State : Mr. Satyendra Narain Singh, A.P.P. (In Cr.Misc. No. 25214 of 2002) For the Petitioners : M/s. Pushkar Narain Shahi, Senior Advocate, Ashutosh Singh and Patanjali Rishi, Advocates. For the State : Mr. Satyendra Narain Singh, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV JUDGMENT Date: 23 -03-2012 -------------------- Criminal Misc. No.26541 of 2002 filed on behalf of the Patna High Court Cr.Misc. No.26541 of 2002 dt.23-03-2012 3 / 15 3 petitioner, A. K. Upadhyay, Criminal Misc. No.26542 of 2002 filed on behalf of the petitioner, Vijay Shankar Dubey, Criminal Misc. No.25700 of 2002 filed on behalf of the petitioner, Radhika Ranjan Prasad and Criminal Misc. No.25214 of 2002 filed on behalf of the petitioners, Mukund Prasad and Umesh Narayan Panjiar, under Section 482 of the Code of Criminal Procedure, are to quash the order dated 3.8.2002 passed in Complaint Case No.1092(C) of 2001/T.R. No.1612 of 2002 by the Chief Judicial Magistrate, Patna, summoning the accused-petitioners abovenamed and the accused, Mr. Shivendu, named in the complaint petition, on inquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] and are also to quash the entire criminal proceedings, arising out of the aforesaid case, against them. Hence, all the aforesaid criminal miscellaneous applications have been heard together and are being disposed of by this common judgment. 2. The brief facts, leading to all these applications, are that the opposite party no.2, Ajoy Kumar Verma, filed the Complaint Case No.1092(C) of 2001 in the court of the Chief Judicial Magistrate, Patna, against the accused, named in the complaint petition, including the petitioners abovenamed, alleging therein that he is an IPS Officer of 1985 batch of the Bihar Cadre and was on deputation on the post of Director Security(DS) in Bihar State Electricity Board (herein after Patna High Court Cr.Misc. No.26541 of 2002 dt.23-03-2012 4 / 15 4 referred to as “the BSEB”). The accused no.1, Mr. A.K. Upadhyay, the Secretary, Energy Department (petitioner of Criminal Misc. No.26541 of 2002) within fif

Applicable IPC Section: 166

Statute Text:
Section 166 of the Indian Penal Code. Public servant disobeying a direction of the law with intent to cause injury to any person. Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.