IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.184 of 2008 SMT.SITA DEVI Versus THE STATE OF BIHAR & ORS ----------- 3 20.1.2009 Heard the learned counsel for the parties. In the instant writ application the petitioner prays for directing the respondents to conduct an enquiry by independent agency in respect of the false and fabricated case being instituted against the petitioner’s family members by the complainant, Jatahu Rishideo son of Mantu Rishideo in league with the local thana. It will appear from the writ application that a civil suit bearing Title Suit No 3/05 is pending before the Sub Judge, 1, Madhepura, a copy of which (plaint) is annexed as Annexure-2. A proceeding under section 107 of Cr.P.C. is also pending between the parties, as contained in Annexure-3. A proceeding under section 144 of Cr.P.C. is also pending between the parties. It is submitted that the informant has filed the instant case under sections 323,452,380,427 and 504 of I.P.C. and section 3(x) (xi) (xv) of S.T. and S.C. Act only to put pressure on the family members of the petitioner to withdraw their case. The State has filed counter affidavit stating that allegation under sections 323,452 and 504 of I.P.C. uptil now seems to be true. It will be open to the petitioner to represent if investigation is not already concluded to show that the dispute is essentially a civil one. 2 With the aforesaid observation this writ application is disposed of. Anilksinha (Samarendra Pratap Singh,J.)