IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1098 of 2009 SHILA DEVI, W/O ASHOK KUMAR ALIAS BHUTAN RAM RESIDENT OF MOH-REKABGANJ ADDAPAR, TEKARI, P.S. TEKARI, DISTRICT GAYA …PETITIONER Versus 1. THE STATE OF BIHAR 2. SUPERINTENDENT OF POLICE, GAYA 3. OFFICER-IN-CHARGE, TEKARI POLICE STATION- TEKARI, DISTRICT-GAYA 4. CHIEF MEDICAL OFFICER, GOVT.HOSPITAL TEKARI GAYA. 5. GUDDU SINGH, S/O LATE LAXMI NARAYAN SINGH, MOH-RIKABGANJ, ADDAPR. P.S. TEKARI, DIST-GAYA 6. CHANDAN KUMAR S/O SHRI BASANT RAM MOH- REKABGANJ TEKARI, DIST-GAYA. 7. MANISH KUMAR, ALIAS MANTU KUMAR, S/0 LATE VIJAY PRASAD, P.S. TEKARI, DIST-GAYA. 8. DHANU KUMAR S/O SHRI BHOLA SWARNKAR, AT MAHAVIR ASTHAN, TEKARI, DIST-GAYA….. OPP. PARTIES ----------- 2 24.09.2010 Heard counsel for the petitioner and the State. The petitioner submits that some unknown persons came at her residence and assaulted her with lathi and blunt substances on 18.09.2009 at 07.30 PM . When Rakesh Kumar her neighbor interfered, they assaulted him also with staff, stick, bricks and hard blunt substances. Curiously enough, instead a case was instituted against the son of the petitioner by one Guddu Singh under Sections 341, 447, 379, 504 and 34 of the Indian Penal Code in 2 connection with Tekari P.S. Case No. 208 of 2009. The petitioner has also filed a representation before Superintendent of Police, Gaya. Counsel for the State submits that the petitioner as well could have filed complaint case. Having regard to the facts and circumstances of the case, this Court observes that the petitioner may make a representation before Superintendent of Police, Gaya, which will be decided and disposed of in accordance with law. However, passing of this order will not come in the way of the petitioner in filing complaint case, if so advised. Ashwini (Samarendra Pratap Singh, J.)