IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1026 of 2008 1. Sarju Lal Paswan @ Saryu Paswan son of late Darogi Lal Paswan; 2. Subodh Kumar Paswan @ Subodh Paswan son of Sarju Lal Paswan @ Saryu Paswan both residents of village Rautara, P.S. Rautara, District Katihar Versus 1. STATE OF BIHAR 2. Director General of Police, Bihar, Patna 3. Deputy Director General of Police, Darbhanga; 4. Superintendent of Police, Katihar 5. Dy. S.P. Rural, Katihar 6. Officer Incharge, Korha (Rautara) P.S. Distt. Katihar 7. Bimla Devi wife of Chhote Lal Paswan “Chaukidar” resident of village and P.S. Rautara (Korha) District Katihar ----------- 2 17/3/2009 The petitioners want to quash the first information report of Korha (Rautara) P.S. Case No. 189 of 2008 registered against them under sections 406, 420/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the instant first information report has been instituted after more than one and a half year of the occurrence by the informant-respondent no. 7 Bimla Devi. It is further submitted that the allegation that the informant paid Rs. 50,000/- to the petitioners for getting her son employed in the railway is nothing but a false and concocted story as a counter to the complaint case filed by the petitioner no. 1 against the informant before the Chief Judicial Magistrate, Katihar. It is also submitted that the investigation in the case is still going on by the police and no chargesheet has been submitted as yet. A counter affidavit has been filed on behalf of respondent nos. 4,5 and 6 stating therein that the investigation of the case is almost complete and the police is going to submit the chargesheet - 2 - against the petitioners. In the circumstances, this Court is satisfied that the instant first information report is not fit to be quashed. However, if the chargesheet is filed and cognizance is taken in the matter, the petitioners may take appropriate steps for quashing of the same in accordance with law, if they are so advised. With the above observation, this writ application is disposed of. (J. B. Koshy, CJ.) AMIN