IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.956 of 2008 AKSHEY LAL PANDIT Versus THE STATE OF BIHAR & ORS ----------- 13 16.09.2010. The instant application has been filed by the petitioner, who is a practicing lawyer, for initiating action against respondent no.5 and 6 and to punish them who intentionally and forcefully entered into residential office of petitioner and took his client (Smriti Pandey @ Shahin ) and some case files including educational certificates of his brother Ajit Kumar Pandit. One Indu Devi lodged F.I.R. of Mithanpura Police Station Case No. 132 of 2008 dated 2.7.2008 under sections 363,365,366,120B/34 I.P.C. alleging that one Faiyaz Ahmad in league with one Arshad Ansari abducted her 20 years old daughter, namely, Smriti Pandey (petitioner in the instant case) on 23.8.2007. Said Smriti Pandey filed C.W.J.C.No.662/2008 for quashing the F.I.R. stating that the allegations leveled by her mother of her abduction is false. She stated in the writ petition that she was not abducted by Faiyz Ahmad or any one else. She stated that she is major and moved with Faiyaz Ahmad of her own and married Faiyaz Ahmad. The petitioner submits that he was advocate of Smriti Pandey in the application before the Court. The petitioner states that Smriti Pandey had come to his office for doing pairvi and taking legal assistance. When the petitioner reached his residence, he learnt about forceful intrusions in his office and of 2 taking away his client Smriti Pandey, some client files and education certificates. The petitioner submitted that respondents misused their uniform and has interfered with the process of discharging of justice. The petitioner in support of his submissions relied upon a Division bench decision of this Court rendered in case of Jagdish Prasad Vs. State of Bihar, reported in 1998(2) PLJR 246. Learned counsel for the State denies the allegation made by petitioner against respondent police officials. He refers to counter affidavit submitting that victim of aforesaid case was recovered with Faiaz Ahmad, named accused of Mithanpura Police Station case no. 132/08 near Phakuli post office, and not from the petitioner’s office, which is evident from paras 39 to 54 of the station diary dated 5.8.2008. State counsel further submits that for the aforesaid allegation, petitioner has already filed a complaint case which is pending in the Civil Court, Patna. Furthermore, entire prosecution arising out of Mithanpura Police Station Case No. 132/2008 has been quashed by a bench of this Court. As the issue is one of facts and one’s word against other, this Court would have considered directing an independent enquiry into the matter, but as a regular complaint bearing Complaint Case No. 2228(C ) of 2008 has already been lodged in this regard, in such circumstances, this Court is desisting from ordering one such enquiry. As the complaint has been filed in the year 2008 concerning removal of law books, client’s files and certificates, the court in seisin of the case is directed to expedite its hearing and 3 conclude the same preferably within a year from the date of receipt of this order. This order will not come in the way of the parties to seek any other remedial measures The writ petition stands disposed of with aforesaid observations and directions. Shashi. ( Samarendra Pratap Singh, J.)