IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4599 of 2009 D.LAHIRI s/o P. C. Lahiri, then Regional Director, ESI Corporation, Bihar at Patna, office situated at Panchdeep Bhawan, Jawaharlal Nehru Marg, Patna. Presently posted as Regional Director, ESI Corporation, Indore, Panchdeep Bhawan, Nanda Nagar, State of Madhya Pradesh, P.O. + P.S. Indore, District- Indore ...Petitioner Versus 1. THE STATE OF BIHAR & 2. Satyendra Krishna Prasad, Advocate S/o Late Bijoy Krishna Prasad, Road No. 22, Plot No.125, Sri Krishna Nagar, Patna- 800 001 …Opposite Party ----------- For the petitioner : Mr. Anshuman, Advocate For the OP No.2 : Mr. S. K. Bhartee, Advocate For the State of Bihar : Mr. C. Jawahar, APP -------------- 3/ 11.08.2010 Heard the parties. The petitioner seeks quashing of the entire proceeding including the order dated 19.5.2008 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.671 © of 2008 by which he has taken cognizance under section 504 Indian Penal Code. The case of the complainant is that he as a lawyer had gone to argue the case on behalf of his client before the petitioner, who happens to be the Regional Director, ESI Corporation, in course of which the complainant is said to have demanded certain documents on which the petitioner started shouting at him and refused to give him any copy. Further averment in the complaint is that the petitioner rang his bell to call the peon and “it appears that he was prepared to push the complainant and his junior out from his chamber in a most discourteous manner”. At the end of the complaint, it has also been - 2 - added that the petitioner was passing disparaging remarks about the lawyer community. Learned counsel for the petitioner has submitted that in the facts of the case no offence whatsoever would be made out much less under section 504 Indian Penal Code since the ingredients of the intentional insult with intent to provoke breach of the peace is missing. On the other hand, counsel for the opposite party no.2 has contended that since the petitioner had shouted and passed disparaging remarks against the lawyer community he should not be spared. In my view, even if the petitioner acted in a manner which did not suit his official position no criminal offence would be made out in the facts of the case. In view of such, this application is allowed and the entire proceeding in Complaint Case No.671 © of 2008 pending in the court of the Judicial Magistrate, 1st class, Patna, is quashed. Application stands allowed. JA/- (Anjana Prakash, J.)