Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45082 of 2011 1. Rajendra Sharma, son of late Akhleshwar Sharma, Incharge Middle School, Punabada, Village Punahada, P.S. Makhadumpur, District- Jehanabad. 2. Madheshwari Devi, Wife of Manrakhan Sharma Head Master Upgradew Middle School, Vimpura, Village Vimpura, P.S. Makhdumpur, District- Jehanabad. --- Petitioners. Versus The State Of Bihar -------- Opposite Party. ---------------------------------- 3. 19.1.2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 5.1.2011 passed by the Judicial Magistrate, Ist Class, Jehanabad in Makhdumpur P.S. Case No.240 of 2010, Tr. No. 2885 of 2011 by which the learned Magistrate has taken cognizance against the petitioners under [STATUTE] . Learned counsel for the petitioners submits that there is no material against the petitioners and they have already submitted A.C. and D.C. bills. At this stage this Court is not inclined to interfere with the impugned order. This application is disposed of with a liberty to the petitioners to raise all the 2 points before the trial court at the time of framing of charge. Vinay/ ( Shivaji Pandey, J.)

Applicable IPC Section: 188

Statute Text:
Section 188 of the Indian Penal Code. Disobedience to an order lawfully promulgated by a public servant, If such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.