IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.822 of 2009 BIRENDRA SINGH PATEL Versus STATE OF BIHAR & ORS ----------- 3 13.7.2010 The petitioner seeks a direction to the respondent authorities to take suitable action against the private respondents for protection of his life and property. The petitioner purchased 24 decimals of land appertaining to Khata No.88, Plot No.622 from one Chandrashekhar Prasad on 13.12.2006 over which he had constructed a pucca house and is paying due rent to the State of Bihar. The petitioner alleged that one Ajit Singh @ Dabloo Singh son of late Brij Kishore Singh had forcibly taken possession of aforesaid land and house with the help of anti social elements. The petitioner has made various complaints to the authorities and even filed Dinara P.S. Case No.217 of 2008 against the accused persons. However, the police in league with them submitted final form and as such the petitioner filed protest-cum-complaint against the accused persons and the learned Magistrate has taken cognizance of offence under sections 380, 436/34 of the Penal Code. The grievance of the petitioner is that in spite of the order taking cognizance, the police is not arresting the accused persons. The petitioner submits that the name of the accused persons is mentioned in Protest cum Complaint petition, 2 KHAN Annexure-9. A counter affidavit has been filed on behalf of Respondent no.4 stating therein that one Duniya Raj Kuar mother of Ajit Pratap Singh, respondent no.10, has filed a case before the Sub-Judge, Sasaram vide Case No.369 of 2003 in respect of the same land. Learned State counsel submits that the police would take steps to arrest the accused persons against whom cognizance has been taken, if they are not already on bail. Having considered the facts and circumstances of the case, if the petitioner files a representation before the local police stating that in spite of the order taking cognizance the accused persons are evading arrest, the police officials would take all coercive steps to apprehend them. The petitioner may also pursue other cases which he had filed before appropriate court which will expedite the hearing of the case. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)