Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45379 of 2009 ====================================================== 1. Alimudin Ansari, son of Haji Ghisha Ansari 2. Akhatar Ansari, son of Alimudin Ansari 3. Aftab Ansari @ Langa Ansari, son of Alimudin Ansari, All resident of village Ankami, P.S. Agrer, Distt. Rohtas at Sasaram. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Mustak Ansari, son of late Md. Ajij Ansari, resident of village Akashi, P.S. Agrer, Distt. Rohtas at Sasaram. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar Seth, Adv. For the State : Mr. M. Chaterjee, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2. 27-03-2012 Heard learned counsel for the petitioners and the State. The petitioners seek quashing of the order dated 29.10.2009 passed by the Chief Judicial Magistrate, Rohtas at Sasaram, in Sasaram (Agrer) P.S. Case No. 764 of 2009 by which cognizance has been taken under [STATUTE] and Section 27 of the Arms Act. It has been submitted on behalf of the petitioners that no offence under [STATUTE] is made out as also that the present case is malicious having been filed in the background of a civil dispute between the parties. Since these are disputed questions of fact which cannot be gone into at the stage of 482 Cr. P.C., I am not inclined to Patna High Court Cr.Misc. No.45379 of 2009 (2) dt.27-03-2012 2 / 2 2 interfere in the matter. The application is dismissed. S.Ali (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.