IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.690 of 2008 UTPAL VYAS Versus THE STATE OF BIHAR & ORS ----------- 2 28.11.2008 The petitioner and respondents Rakesh Ranjan Paswan along with his brother Pintukesh Paswan entered into a transaction for sale of land. It is the case of the petitioner that the aforesaid two persons cheated him by manipulating the documents by recording 2 kathas of land instead of 8 dhurs of land which the petitioner agreed to sell. On coming to know about the aforesaid act, the petitioner sent an information to the Officer-Incharge, Sahayak Thana, Mirchaibari, Katihar by registered letter dated 11.1.2008, a copy of which is at Annexure-1, pleading therein to lodge the F.I.R. against respondent nos.11 to 19. It appears that the Respondent no.11 Rakesh Ranjan Paswan filed a complaint case bearing Complaint Case No.3167 of 2007 before the Chief Judicial Magistrate, Katihar which was forwarded to the police under section 156(3) Cr.P.C. resulting into institution of Katihar P.S. Case No. 23 of 2008. Learned counsel for the petitioner submits that the police ought to have registered a case pursuant to his complaint dated 11.1.2008 sent by registered post or at least ought to have made station diary entry in this regard. He further submits that he has filed a representation before the Superintendent of Police, Katihar. Learned counsel for the State filed a counter affidavit - 2 - KHAN stating therein that respondent no.11 Rakesh Ranjan Paswan filed a complaint case and pursuant to the order under section 156(3) Cr.P.C. regular case was instituted against the petitioner. Having heard counsel for the parties, this court is of the view that the Superintendent of Police, Katihar would examine the representation of the petitioner, as contained in Annexure-1, and pass appropriate orders in accordance with law. With the aforesaid observation, this writ petition stands disposed of. (S.P.Singh,J)