IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17189 of 2007 ARVIND KUMAR RAI Versus STATE OF BIHAR & ANR ----------- 9 1.5.2009 Heard learned counsel for the parties. Petitioner wants quashing of the entire criminal proceeding which emerges out of lodging the police case, namely, Kalyanpur P.S. Case No. 111 of 2006 registered under sections 366 and 494 of the Indian Penal Code. Petitioner submits that the statement made by the victim under section 161 as well as under section 164 of the Cr. P.C. is good enough for quashing of the entire criminal proceeding because in the said statements nothing has been alleged against the petitioner and it belies the allegation made against him in the FIR. The Court has certain difficulty in accepting the said submission on behalf of the petitioner because the value of the deposition under sections 161 and 164 of the Cr .P. C. will be tested at an appropriate stage. The statement made under section 164 of the Cr. P. C. is not like a final form that petitioner has been exonerated of the charges. More so when the chargesheet has already came to be filed in the present case. This application is accordingly dismissed. Petitioner may have the liberty to challenge the proceeding at an appropriate stage, if so advised. RPS (Ajay Kumar Tripathi,J.)