IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.1230 OF 2008 AKSHAY KUMAR SHARAN, SON OF ANJANI KUMAR SHARAN, RESIDENT OF MOHALLA MARIPUR, POLICE STATION KAZIMOHAMMADPUR, DISTRICT MUZAFFARPUR VERSUS 1. THE STATE OF BIHAR 2. ARUN KUMAR SHARAN, SON OF ASHOK KUMAR SHARAN 3. ABHINAY KUMAR SHARAN, SON OF ASHOK KUMAR SHARAN 4. AMRENDRA KUMAR SHARAN, SON OF ASHOK KUMAR SHARAN 5. ANIL KUMAR SHARAN, SON OF ANJANI KUMAR SHARAN 6. ASHOK KUMAR SHARAN, SON OF ANJANI KUMAR SHARAN 2 TO 6 ARE RESIDENT OF MOHALLA MARIPUR, POLICE STATION KAZIMOHAMMADPUR, DISTRICT MUZAFFARPUR ……………………………………………………………………..OPPOSITE PARTIES ********** 4 07/04/2010 Heard learned Counsel for the petitioner, the Opposite Party Nos. 2 to 6 and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 10.07.2007 in Complaint Case No. 1705 of 2007 by which the Chief Judicial Magistrate, Muzaffarpur has transferred the case to the Judicial Magistrate, 1st Class, Muzaffarpur to conduct enquiry under Section 192 of the Code of Criminal Procedure. The petitioner/complainant claims that this case should be investigated by the Police under Section 156 (3) of the Code of Criminal Procedure. The allegations are that there was a threat by the accused persons to withdraw and compromise the cases. There is also an allegation of assault. In these circumstances, I think it would a fit 2 case to be investigated by the concerned Police Station. Accordingly, the order dated 10.07.2007 passed in Complaint Case No. 1705 of 2007 is quashed and the Chief Judicial Magistrate, Muzaffarpur is directed to send the complaint petition to the concerned Police Station under Section 156 (3) of the Code of Criminal Procedure. In the result, this application is allowed. Anand ( Sheema Ali Khan, J.)