IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.323 of 2010 BINOD PARIYAT & ORS. Versus STATE OF BIHAR & ORS. ----------- 4. 10.5.2011 Heard learned counsel for the petitioners and the State. The petitioners pray for quashing of the First Information Report of Banka (Barahat) Police Station Case No.414 of 2007 registered on 21st of December, 2007 for the alleged offence under section 304B of the Indian Penal Code. It is submitted that the Fard beyan of the aforesaid case was given by the informant on 20th of December, 2007, which was forwarded by the Barahat Police to the Station House Officer (S.H.O.), Town Police Station, Banka for instituting the case. Accordingly, the aforesaid case was registered on 21st of December, 2007. It is submitted that the registration of the F.I.R. suffers from serious illegality and the investigation could had started after registering the case whereas in this case the investigation started immediately on receiving the information on 20th of December, 2007 and the case was registered on the next date and, as such, the learned counsel submits that the whole proceeding subsequent to the registration of the aforesaid F.I.R. suffers from serious illegality and the criminal proceeding deserves to be quashed. Learned counsel appearing for the State, on the other hand, submits that in the aforesaid case, there is no illegality on the part of the Barahat Police as on receiving the information relating to - 2 - cognizable offence, the police had done the right thing by registering the case. It is further submitted that the police after investigation had submitted charge sheet, cognizance of the aforesaid offence was taken and the case is now pending for trial. Considering the rival submissions of the parties, this Court finds that the petitioners are assailing the F.I.R., which was registered on 21st of December, 2007 whereas the writ petition was filed on 8th of April, 2010 after investigation proceeded, witnesses examined and upon completion of the investigation, charge sheet has been submitted. In the aforesaid facts and circumstances, I am not inclined to interfere with the matter. However, it will be open for the petitioners to raise all their rights and contentions available to them in law in the court below at the appropriate stage, if so advised. The writ application stands disposed of. PNM (Shailesh Kumar Sinha, J.)