IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.570 of 2009 1. SADAN SINGH , SON OF LATE HIT NARAYAN SINGH 2. ARBIND SINGH, SON OF SADAN SINGH, BOTH RESIDENTS OF VILLAGE KULTI, P.S. ASHTHAMA, DISTRICT NALANDA (BIHARSHARIF)……….PETITIONERS VERSUS 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE-CUM-COLLECTOR, NALANDA, BIHARSHARIF 2. S.D.O. SADAR, BIHARSHARIF, NALANDA 3. CIRCLE OFFICER, ASTHAMA ANCHAL, P.S. ASTHAMA, NALANDA 4. SRI BASUKINATH SRIVASTAVA, SON OF NOT KNOWN TO THE PETITIONERS, AT PRESENT POSTED AS CIRCLE INSPECTOR, ASTHAMA, P.S. ASTHAMA, DISTRICT NALANDA 5. ARBIND SINGH, SON OF LATE JANARDAN SINGH, RESIDENT OF VILLAGE KULTI, P.S. ASTHAMA, DISTRICT NALANDA………………………………….………RESPONDENTS ----------- 4 08.04.2010 Heard learned counsel for the petitioners and learned counsel for the State. Learned counsel for the petitioners fairly agrees that first information report of this case cannot be quashed without looking to other documents. He submits that in fact, first information report was instituted on the basis of an incomplete report of the Circle Inspector, Asthawan in respect of a false and fabricated land possession certificate on the basis of interpolation made in register II etc. He submits that petitioners are in possession of a very small portion of the land which is, in fact, not involved in the case. - 2 - This fact cannot be looked into and considered in a writ proceeding for quashing of an F.I.R. Materials are necessarily to be brought before the court concerned at appropriate stage for its consideration. In the circumstances, the writ application is disposed of with a liberty to the petitioners to move the court concerned at appropriate stage to consider the materials to come to a conclusion with regard to false implication of the petitioners. If such a step is taken by the petitioners, the court concerned shall consider their application and act in accordance with law. The court below shall also consider such other pleas, as may be raised by the petitioners, on the issue that no allegation can be levelled against them for interpolation in the official records. The writ application is, accordingly, disposed of. B.T (J. N. Singh, J.)