IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.314 of 2011 Sonmati Kuer Versus The State Of Bihar & Ors ----------- 03. 01.08.2011 Heard learned counsel for the petitioner and the State. Through this writ application, petitioner prays for a direction to the concerned respondent to register a police case for the alleged killing of the husband of the petitioner on account of lathi charge over the farmers who had gone before the authorities with respect to the claim relating to land acquisition. It is submitted on behalf of the petitioner that police ought to have registered a police case for the alleged offence under Section 302 of the Indian Penal Code and proceeded the investigation. Learned counsel for the State files a counter affidavit and submits that the alleged death of the husband of the petitioner did not take place in the alleged lathi charge. As a matter of fact, death took place on account of disease of tuberculosis as stated by his daughter vide Annexure- B to the counter affidavit and as such on the basis of fact statement, U.D. case was registered. From the submission of the parties and their respective pleadings, it would appear that the assertion of the petitioner is that husband of the petitioner died in the alleged lathi charge whereas the statement made in the counter affidavit states that the husband of the petitioner did not die in the alleged lathi charge. As he died due to disease as aforesaid. It is also the stand of the State that the body of the deceased was taken from the possession of the daughter on the plea that body is being taken to bank for receiving some monetary help whereas the body was taken to the place of alleged lathi charge for ulterior purpose. Considering the rival submission and their respective pleading, the relevant facts are seriously disputed and as such, writ proceeding is not an appropriate forum as it calls adjudication of the seriously disputed question of facts. The writ application is, accordingly, dismissed. Jagdish/- ( Shailesh Kumar Sinha,J.)