IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.289 of 2009 Rita Devi W/o Later Wakil Sah R/0 village Pirauchha, P.S.Gaighat, District Muzaffarpur …..Petitioner. Versus 1. THE STATE OF BIHAR. 2.The Superintendent of Police, Muzaffarpur. 3.Sri Abhai Kumar, S.I., Gaighat P.S.(I.O.) 4.Sri Satyadeo Singh, Officer I/c, Gaighat P.S., Muzaffarpur. … . . . . . . . . ……….Respondents. ---------------------- For the petitioner: Mr. R.N.Diwakar, Adv. For the State : Mr. Ramchandra Pd.Bharti, S.C.14 Mr.Md.Aslam Ansari, A.C. to S.C.14. 5 27.08.2009 Petitioner’s prayer is for a direction to the respondents to investigate the case under F.I.R. No.170 of 2000 (Complaint Case no. 1656 of 2000) lodged by Bibi Sahnaj Khatoon @ Urmila Devi wife of Wakil Sah against Shanti Devi, wife of Wakil Sah, Anarti Devi mother of Wakil Sah and others for the offences under Sections 366, 376, 498A, 493 and 316 IPC and Section 3 / 4 of the Dowry prohibition Act. The further prayer is for a direction to the Police not to harass the petitioner as an accused of the case because according to the petitioner, she is not an accused in this case. The FIR was lodged by informant Shahnawaj Khan @ Urmila Devi who claims herself to be wife of Wakil Sah whereas another lady namely, Shanti Devi wife of Wakil Sah was also made an accused in this case. I appears that in course of investigation, the I.O. of the case, finding some material to believe that the petitioner Rita Devi was the same lady having the name of Shanti Devi wife of Wakil Sah, process of attachment was executed against 2 her (Shanti Devi) whose alias name, according to the I.O. was Rita Devi i.e. the petitioner, though no article worth attachment was found, hence no attachment could be made in the attachment process. The petitioner Rita Devi who also describes herself as wife of Wakil Sah claims for a fair investigation of the case and also for a direction to the Police not harass her on the ground that she is Shanti Devi wife of Wakil Sah, as stated by the Police. In this case counter affidavit has been filed by the respondent no.2, the Superintendent of Police, Muzaffarpur. It is stated in Para-3 of the counter affidavit that the I.O., in course of investigation recorded the statement of Anarti Devi, mother in-law of the petitioner Rita Devi who stated that Shanti Devi, Rita Devi and Gita Devi is the name of same person who is wife of Wakil Sah. It is also stated in the counter affidavit that the I.O., during investigation also came to find that the name of the petitioner appears differently written in different documents and that her name is mentioned as Gita Devi wife of Wakil Sah, in the Yellow Ration Card issued by the Government and that in the Electoral List of Gaighat regarding Assembly Election the name of petitioner is written as Gita Devi and that in Basgit Parcha , her name has been written as Rita Devi and that according to the statement of petitioner’s mother-in-law, her name is Shanti Devi. Annexure-A to the counter affidavit is the copy of the report 3 dated 21st June 2009 of the I.O. who in his report has stated these facts as found during investigation. Thus on the stated facts as mentioned in petitioner’s petition it appears to be a disputed question of fact whether the petitioner Rita Devi is the same Shanti Devi or Gita Devi, because the petitioner has denied it, whereas in the counter affidavit it is stated that the I.O. has found during investigation that the petitioner Rita Devi is also known as Shanti Devi and Gita Devi and that the petitioner’s name is mentioned differently in different documents. In such view of the matters, any direction is not required to be issued at this stage. Any way, if the petitioner has grievance against the attachment of any property as executed under Sections 82 and 83 Cr.P.C., she can file a claim before the concerned Magistrate under Section 84 Cr.P.C. claiming for release of such property on the ground that she is not the person from whom the property is required to be attached. Accordingly, this application is disposed of. Jay/ ( C.M.Prasad,J )