Case Facts:
Patna High Court Cr.Misc. No.22172 of 2010 (5) dt.14-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22172 of 2010 ====================================================== Anirudh Kumar Pandey, S/O-Late Baikunth Pandey, resident of village Kadha, P.S.-Buxar, District-Buxar, presently posted as Vice Principal, Jawahar Navodyaya Vidyalaya, Garhbanaili, P.S. Kasba, District-Purnea .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ramnath Singh, S/O-Late Ramadhin Singh, resident of Garhbanaili, P.S. Kasba, District-Purnea .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 14-08-2012 Heard learned counsel for the petitioner as well as learned counsel for Opposite Party No. 2 on the point of admission and, with consent of both the parties, this petition is being disposed of on admission stage itself. Petitioner has prayed for quashing the order dated 20.10.2009 passed by Sri S. K. Tripathi, Judicial Magistrate, 1st Class, Purnea in Complaint Case No. 1234 of 2008 by which and whereunder he having found prima facie case under [STATUTE] ordered to issue summons against the petitioner. Learned counsel for the petitioner submits that Opposite Party No. 2 had supplied rotten apples and when the petitioner being mess in charge made objection, the Opposite Party No. 2 has filed the aforesaid complaint case and as a matter Patna High Court Cr.Misc. No.22172 of 2010 (5) dt.14-08-2012 of fact, no such occurrence, as alleged in the complaint petition, did ever take place. I do not find any force in the contention of learned counsel for the petitioner and it is explicit clear from perusal of impugned order dated 20.10.2009 that the learned court below having conducted an enquiry under [STATUTE] . No doubt, there is some delay in filing the complaint case but considering the aforesaid facts and circumstances as well as submissions of the parties, I am of the opinion that this petition is liable to be dismissed on admission stage itself and accordingly, this petition stands dismissed on admission stage itself. SHAHZAD/- (Hemant Kumar Srivastava, 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.