IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.482 of 2007 BRIJ NANDAN YADAV Versus THE STATE OF BIHAR & ORS ----------- 6 26.8.2008 Heard the parties. In the instant writ petition the petitioner has prayed for directing respondents to lodge FIR against respondent no.8 in the light of order passed by the Deputy Secretary, State Election Commission, Bihar dated 11.11.2006 and consequential order passed by the District Magistrate, Darbhanga vide letter no. 2065 dated 18.12.2006 in which it has been stated that respondent no.8 filed incorrect affidavit before the Returning officer. He further submits that respondent no.8 is notorious, and has been made accused in several cases as mentioned in para 8 of the writ petition. Learned counsel for the State submits that subsequent to the filing of the writ petition, the FIR bearing Kusheswar Asthan ps case no. 167 of 2007 u/s 177, 181, 420 IPC has been instituted against respondent no.8. It is submitted by respondent no.8 that the District magistrate vide letter dated 28.7.2007, annexure B, in fact had directed the SDO, Biraul to make an enquiry before lodging of the FIR, but pending enquiry the FIR has been lodged. It is further submitted that the SDO has found the allegations to be incorrect against him. In the facts and circumstance of the case, without going into the merits of the case, the writ petition is disposed of with liberty to the petitioner to press the matter before the appropriate authority. Shashi. (S.P.Singh,J)