Case Facts:
Patna High Court Cr.Misc. No.19154 of 2010 (7) dt.08-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19154 of 2010 ====================================================== Taslim Dhunia son of Ishmyl Dhunia, resident of Village-Belua, P.S.- Kishanganj, District-Kishanganj. .... .... Petitioner Versus 1. The State Of Bihar. 2. Md. Nazamuddin, Advocate, son of Azilur Rahmaan, resident of Mohalla-Ruidhasa, Ward No. 23, P.S.-Kishanganj, District- Kishanganj. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 7 08-11-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application under Section 482 of the Code of Criminal Procedure is to quash the order dated 18.01.2010 passed in Kishanganj P.S. Case No. 382 of 2008 (G.R. No. 1381/2008) by the Court of Chief Judicial Magistrate, Kishanganj, whereby the learned Chief Judicial Magistrate took the cognizance of the offence under [STATUTE] on perusal of the case diary. Learned counsel for the petitioner submits that petitioner has purchased 3 Katha of land from Md. Hussain Khan of Plot No. 491, as such, the allegation as made in the complaint petition is false. On the other hand, learned counsel for opposite party Patna High Court Cr.Misc. No.19154 of 2010 (7) dt.08-11-2012 no. 2 submits that the Plot No. 491 of about 10 Katha, the petitioner has forcibly occupied the portion of opposite party no. 2 as alleged in the complaint petition. On perusal of the impugned order, I find no any illegality amounting to abuse of the process of the Court. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise all points, raised herein, at appropriate stage in trial court. Safik/- (Rajendra Kumar Mishra, 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.