IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.845 of 2008 MARKANDAY RAI & ORS Versus STATE OF BIHAR & ORS ----------- 7. 04.10.2010. Petitioners have prayed for quashing F.I.R. of Kargahar (Sidhi) Police Station Case No. 93 of 2008 registered u/s 25(1-B)A and 35 of othe Arms Act. On 25.12.2007 petitioner no.2 lodged police case being Kargahar (Sidhi) Police Station Case No. 196 of 2007 u/s 25(1- B)A, 26 and 35 of the Arms Act alleging that on 24.12.2007 he along with other petitioners were going to their house, 4-5 persons who were hiding nearby fired upon them which missed and upon hulla co-villagers gathered and one person, namely, Bir Bahadur Kharwar @ Biru Kahar was caught with country made Katta along with two misfired cartridges. As such, Kargahar (Sidhi) Police Station Case No. 196 of 2007 was instituted. Learned counsel for the petitioner submits that the Superintendent of Police, Rohtas supervised the case and found the same to be true against accused persons. However, the IO on 30.6.2008 submitted final report no. 22/08 showing the entire case false on the direction of the Deputy Inspector General of Police, Sahabad Range. Initiation of criminal proceedings u/s 182 and 211 I.P.C. was also recommended. Thereafter, the IO instituted fresh F.I.R. against the petitioners for the occurrence dated 2.7.2008 bearing Kargahar (Sidhi) Police Station Case No. 93 of 2008 u/s 2 25(1-B)A, 35 of the Arms Act. It is relevant to mention that on 26.12.2007, a counter case was also registered against the petitioners as Kargahar (Sidhi) Police Station Case No. 197 of 2007. Petitioner no. 2 has also filed a protest petition in Kargahar (Sidhi) Police Station Case No. 196 of 2007. Contention of the petitioner is that the IO could have filed charge sheet against the petitioner in Kargahar (Sidhi) Police Station Case No. 196 of 2007 or even in the counter case namely, Kargahar (Sidhi) Police Station Case No. 197 of 2007 lodged by Bir Bahadur Kharwar @ Biru Kahar itself, instead of filing a fresh case. It appears that the protest petition filed by the petitioner no.2 is pending before the Magistrate, where final report has been submitted. In the view of the matter, this Court directs the Magistrate concerned to dispose of the protest petition filed by the petitioners in accordance with law. Shashi. ( Samarendra Pratap Singh, J.)