IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.160 of 2008 SHIV KUMAR SINGH Versus STATE OF BIHAR & ANR ----------- 2 22.7.2008 Heard the learned counsel for the petitioner and the State. In the instant writ application the petitioner prays for a direction to respondent no.4 to register an F.I.R. in view of the allegation made by him against his brother as contained in Annexure-2. It is stated that the petitioner is in the service of State of Jharkhand. Learned counsel for the petitioner submits that his younger brother had shown his son, namely, Ram Krishna Kumar, as son of the petitioner with an ill motive to misappropriate his property after his death or after killing him. He further submits that as the allegations discloses cognizable offence an F.I.R. should have been instituted in this matter. Learned counsel for the State submits that the allegations as contained in Annexure-2 was a mere representation and in the last paragraph of the same a request was made to make an enquiry in respect of the alleged act of the accused persons. He further submits that an enquiry was made in respect of the aforesaid representation and the same was forwarded to the S.D.J.M., Nalanda, for initiating a proceeding under section 107 Cr.P.C. He submits that matter is essentially a civil dispute. In my view it would be open to the petitioner to represent his case before S.P., Nalanda for institution of a case if allegation discloses cognizable offence. If a representation in this respect is filed within four weeks from today to him, S.P., Nalanda will dispose of the same within a reasonable time. - 2 - With the aforesaid observation and direction this writ application is disposed of. AnilK.sinha (Samarendra Pratap Singh,J.)