Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 25553 of 2009 ====================================================== Binda Ram, S/o Bilash Ram, Resident of Village-Govind Pitaujhiya, P.S.-Runisaidpur, District-Sitamarhi. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Arvind Ram, Son of Sri Tirpit Ram, Resident of Village-Govind Pitaujhiya, P.S.-Runisaidpur, Akoari O.P. District-Sitamarhi. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04. 26.04.2012 The petitioner seeks quashing of the entire proceeding including the order dated 07.01.2009 passed by the Additional District & Sessions Judge, F.T.C.-V, Muzaffarpur in Cr. Rev. No. 200/2005 by which he has confirmed the order dated 26.11.2005 passed by the Chief Judicial Magistrate, Muzaffarpur in G.R. Case No. 4273/04 arising out of Hathauri P.S. Case No. 140/04 by which he has taken cognizance under [STATUTE] . The case of the prosecution is that on 24.11.2004 when he was going with Rs. 2,500/- the accused persons came and abused and assaulted him as also committed theft of money from his pocket. It has been submitted on behalf of the Petitioner that after close of investigation the Petitioner was not sent up by the police. The fact of the matter is that the present complaint has been filed because Title Suit No. 58/94 was going on between the Petitioner and others on the one side and the father of the Informant on the other side which was decided on 30.08.1997 in favour of the Petitioner. It is for this reason that the present First Information Report has been filed under minor Sections with Patna High Court Cr.Misc. No.25553 of 2009 (4) dt.26-04-2012 2 trumped charges. The Opposite Party No. 2 was noticed by this Court who despite receipt of notices has not appeared before this Court. Accepting the submission of the Petitioner, I am inclined to set aside the entire proceeding including the order dated 26.11.2005 passed by the Chief Judicial Magistrate, Muzaffarpur in G.R. Case No. 4273/04 arising out of Hathauri P.S. Case No. 140/04 The application stands allowed. Vikash/- (Anjana Prakash, 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.