IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.944 of 2007 PARITOSH KUMAR GUPTA @ BULLAJI Versus STATE OF BIHAR & ANR ----------- For the petitioner: Mr. Mrigank Mauli, Advocate 3 27.11.2008 KHAN In the instant writ petition the petitioner prays for quashing of the F.I.R. bearing Supaul P.S.Case No.72 of 2007 under sections 419, 420, 406 and 34 of the Penal Code stating that the institution of the instant case and its consequent investigation would be an abuse of process of court as the matter essentially is one involving civil dispute. Learned counsel for the petitioner submits that a Title Suit has already been filed in respect of dispute in question. This court has discouraged the filing of criminal cases in matters which are essentially civil in nature and can be resolved in a civil suit. Considering the facts and circumstances of the case, this writ petition is disposed of with a liberty to the petitioner to file a representation before the concerned Investigating Officer / Superintendent of Police, Supaul within two weeks raising all his grievances, who in turn will consider the same and pass appropriate order in accordance with law. However, the petitioner is at liberty to move appropriate court in case charge sheet is filed and cognizance is taken. No coercive steps would be taken against the petitioner till 15.12.2008, in connection with Supaul P.S.Case No.72 of 2007, in order to enable him to explain his case before the concerned Investigating Officer / Superintendent of Police, Supaul. (S.P.Singh,J) - 2 -