IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.868 of 2008 HIRA LAL CHAUDHARY SON OF GANGA RAI CHAUDHARY, RESIDENT OF VILLAGE ANYAPUR, P.S. KATARA, DISTRICT MUZAFFARPUR ---PETITIONER. Versus 1. STATE OF BIHAR 2. THE COMMISSIONER HOME, DEPARTMENT GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR GENERAL OF POLICE-CUM- INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 4. THE I.G. ( ADM) BIHAR, PATNA. 5. THE DISTRICT MAGISTRATE MUZAFFARPUR DISTRICT MUZAFFARPUR. 6. THE SUPERINTENDENT OF POLICE, DISTRICT MUZAFFARPUR. 7. THE OFFICER INCHARGE, KATARA POLICE STATION, DISTRICT MUZAFFARPUR. 8. RAM NARESH RAI SON OF LATE BINDESHWAR RAI. 9. BINOD RAI SON OF LATE BINDESHWAR RAI. 10. JHAMELI CHAUDHARI SON OF LATE THAGA CHAUDHARY. ALL RESIDENTS OF VILLAGE SHEO NAGAR, P.S. KATARA, DISTRICT MUZAFFARPUR --- RESPONDENTS. 2/ 17-03-2009 Heard. In this case the allegation of the petitioner is that he was compelled to sign a sale deed for a piece of land on 11.06.2007 by committing fraud and by kidnapping him by respondents no. 8 to 10 for which the petitioner filed several complaints before the police but no action has been taken. This writ petition is set out after one year of the above incident. If the allegations are correct , it is for the petitioner to approach the Civil court to get the sale deed cancelled. On the basis of the complaint, if any first information is filed, it is the duty of the police to investigate and examine the matter and if action is not taken properly by the police, it is for the petitioner to approach before the Magistrate - 2 - for taking appropriate action . If appropriate complaint is filed, Magistrate is bound to consider in accordance with law without prejudiced to the right of the petitioner and the competent civil court shall appoint high police official to take appropriate proceedings, under Cr.P.C., the application is dismissed. BTiwary/ ( J.B.Koshy, CJ )