Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 7017 of 2011 ================================================== 1. Raj Kishore Prasad. 2. Ravi Shankar Prasad. Both are son of Sri Nagendra Prasad. 3. Radhika Devi W/o Nagendra Prasad. All resident of Village – Shikarganj, P.S. Shikarganj, District- East Champaran, Motihari. .... .... Petitioners Versus 1. The State of Bihar 2. Ram Janm Prasad, son of Late Yadav Lal Prasad, resident of Village – Shikarganj, P.S. Shikarganj, District – East Champaran, Motihari. .... .... Opposite Party ================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5. 05-11-2012 Heard Sri Sharda Nand Mishra, learned counsel for the petitioners and learned Addl. Public Prosecutor. The present petition has been filed with a prayer to quash an order dated 13-01-2011 passed by learned Sub- Divisional Judicial Magistrate, Sikrahna at Motihari in Tr. No. 1897 of 2011, arising out of Chiraiya (Sikarganj) P. S. Case No. 95 of 2010. By the said order, learned Magistrate has taken cognizance of offence under [STATUTE] . Learned counsel for the petitioners submits that Patna High Court Cr.Misc. No.7017 of 2011 (5) dt.05-11-2012 2 / 2 2 death in the case was natural, but a colour was given that she was murdered by the petitioners. He has also relied on ‘Annexure-2’ to the petition i.e. copy of post-mortem examination report and suggests that no external injury was found on the person of the deceased. He further submits that in the case diary, there is sufficient material to show that it was a natural death not murder. Be that as it may, fact remains that in the F.I.R., there is specific materials against the accused persons and during investigation, allegation was found true and charge- sheet was submitted. It is not a fit case for interference with the order of cognizance. The petition stands dismissed. It is made clear that rejection of this petition may not prejudice the case of the petitioners before the court below at appropriate stage. Anay (Rakesh Kumar, 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.