IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39897 of 2009 1. GINNILAL SAH, SON OF LATE ASHARFI SAH 2. SHAMBHU SAH, SON OF YADAV LAL SAH 3. JIUT SAH, SON OF YADAV LAL SAH 4. KRISHNA SAH, SON OF JAI NARAYAN SAH 5. RAJ MOHAN SAH, SON OF JAI NARAYAN SAH 6. PAPPU SAH @ BRAJ BHUSHAN SAH, SON OF YADAV LAL SAH 7. GAURI SHANKAR SAH, SON OF RAM LAL SAH ALL RESIDENTS OF VILLAGE TAJPUR PATKHAULIA, P.S. KESARIYA, DISTRICT EAST CHAMPARAN. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. SONALAL SAH, SON OF LATE ASHARFI SAH, RESIDENT OF VILLAGE RAMPUR KODAR, P.S. KESARIYA, DISTRICT EAST CHAMPARAN. ----- OPPOSITE PARTIES ----------- 2 25.1.2010 Learned counsel for the petitioners submits that Ginilal Sah petitioner no. 1 had filed Kesariya P.S. Case No. 27 of 2009 against the informant and others alleging therein that Ram Jatan Sah, Sona Lal Sah and others were responsible for inflicting injury on him. The case was instituted on 24.2.2009 with respect to an occurrence that took place on 2.3.2009. Subsequently Sona Lal Sah has filed the present case numbered as Kesariya P.S. Case No. 33 of 2009 alleging that the petitioner no. 1 along with others assaulted his elder brother Ram Jatan Sah on 24.2.2009. The case has been instituted on 2.3.2009, after a delay of about eight days. Learned counsel for the petitioner submits that it is apparently a false case inflicted by the informant to protect himself against the allegations in the earlier case i.e. Kesariya P.S. Case No. 27 of 2009. The police while investigating the matter will look into this aspect of the matter. At this stage where the investigation is still pending and in fact no final decision has been taken, it is difficult for this Court to quash the First Information Report. 2 This application is disposed of with an observation that the petitioner may take only remedies available to him at the appropriate stage, if necessary. Sanjay (Sheema Ali Khan, J.)