IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.882 of 2007 NARAYAN MUKHIA Versus THE STATE OF BIHAR & ORS ----------- 2 20.11.2008 KHAN One Dulari Devi wife of the petitioner filed a complaint being C.R.No.114 of 2007 giving rise to Kusheshwar P.S.Case No.62 of 2007 under section 376 of the Penal Code. The police after investigation found the case to be false and recommended for action under sections 182 and 211 of the Penal Code. Learned counsel for the petitioner submits that he has already filed a protest petition before the learned Magistrate as contained in Annexure-2. He submits that any action under sections 182 and 211 of the Penal Code be kept in abeyance, till a decision is taken in the protest petition pending before the S.D.J.M., Biraul at Benipur. Having considered the facts and circumstances of the case, it would be open to petitioner to make such representation before the Superintendent of Police, Darbhanga for keeping the action under sections 182 and 211 of the Penal Code in abeyance till his protest petition pending before the S.D.J.M., Biraul at Benipur is decided. With the aforesaid observation, this writ petition stands disposed of. (S.P.Singh,J)