IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41302 of 2008 Md.Tamanna Haidar, son of Late Haider Ali, village Mathurapur, PS Warisnagar, Dist. Samastipur – Petitioner. Versus State Of Bihar ----------- 2 28.7.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 21.4.2008 passed in Warisnagar PS Case No. 241/2007 by the C.J.M, Samastipur by which cognizance for the offences under sections 341, 323, 379, 307, 504 and 506/34 of the Penal Code. The First Information Report has been instituted on behalf of the Principal of the Madrasa wherein he claims that at about 8 AM the petitioner came and threatened to kill him and some other persons. It is also alleged that he took away Rs.5000/- from his house. Learned counsel for the petitioner submits that on bare perusal of the First Information Report it is evident that no case is made out under section 323, much less, under section 307 of the Penal Code. This court has not issued notice to the informant in this case as the State counsel amply represents the interest of the informant. The First Information Report does not disclose that any overt act was committed nor does it disclose that any injury was inflicted upon the informant and as such this court prima facie finds that the allegations made in the First Information Report are 2 false. If the petitioner had any interest in killing the informant, he would have done so, as apparently there was no one to stop him from killing the informant at the time of the occurrence. I accordingly remand the matter back to the C.J.M, Samastipur to hear the parties and specifically the objection raised on behalf of the informant and pass appropriate orders in the case, subject to the fact that charges have not been framed in the case. This application is disposed of with the aforesaid observation. Counsel for the petitioner is directed to produce a copy of this order before the court concerned within one month failing which this application shall stand dismissed. haque ( Sheema Ali Khan, J.)