Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12495 of 2009 ====================================================== Amod Tiwary, son of late Rajwant Tiwary, resident of village-Tiwary Tola, P.S.- Bagaha, District- West Champaran .... .... Petitioner/s Versus 1. The State of Bihar & 2. Sandip Kumar Tiwary, son of Pramod Tiwary, resident of village- Tiway Tola, P.S.- Bagaha, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. P. N. Mishra, Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4/ 05-04-2012 The petitioner seeks quashing of the order dated 12.01.2009 passed by the Judicial Magistrate, 1st class, Bagaha, West Champaran, in connection with Tr.No.1336 of 2008 arising out of Bagaha P.S. Case No.48 of 2005, by which cognizance has been taken under [STATUTE] . The case of the informant is that when he was protesting to the roofing of a Palani by the petitioner, he allegedly assaulted him. It has been submitted on behalf of the petitioner that, in fact, the present case is counter blast to one instituted by the petitioner and it is in the background of the case instituted by the informant. After having gone through the documents annexed herein and the background in which the present case was sought to be instituted, I am inclined to allow the application. In view of such, order dated 12.01.2009 passed by Patna High Court Cr.Misc. No.12495 of 2009 (4) dt.05-04-2012 2 / 2 2 the Judicial Magistrate, 1st class, Bagaha, West Champaran, in connection with Tr.No.1336 of 2008 arising out of Bagaha P.S. Case No.48 of 2005 is hereby quashed. Application stands allowed. JA/- (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.