IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44292 of 2008 Manoj Kumar Gupta, son of Late Krishna Kumar Gupta, Mohalla Ganj No.2, PS and District Bettiah – Petitioner. Vs. 1) The State of Bihar, 2) Ramnath Baitha, son of Mukhlal Baitha, village Ganeshpur, PS Gopalpur, Dist. West Champaran – Opp. Parties. 2 29.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 17.3.2008 passed in Complaint Case No. 1647-C/2006 by the Judicial Magistrate, Bettiah. Counsel for the petitioner submits that the offence under section 504 of the Penal Code is not made out in this case. Section 504 envisages intentional insult with intent to provoke breach of peace. Perhaps the petitioner is right in submitting that the complaint petition does not disclose any act which would lead to disturbance of public peace. This application is disposed of with the observation that the court below at the stage of framing of charge should take it into consideration. If the court which is framing the charges, finds that any offence is made out under section 504 of the Penal Code, then it will also be incumbent upon it to consider to examaine whether the order of cognizance is in accordance with law, in view of the fact, that it appears to be prima facie barred by section 468 of the Cr.P.C. haque ( Sheema Ali Khan, J.)