IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.44668 OF 2008 HARISHCHANDRA PASWAN, SON OF LATE RAMDHARI PASWAN, RESIDENT OF VILLAGE KORIYAM, POST OFFICE PRASADI ENGLISH, DISTRICT JEHANABAD VERSUS 1. THE STATE OF BIHAR 2. PUNAM DEVI, WIFE OF KUNDAN PASWAN, RESIDENT OF VILLAGE SALEMPUR, POLICE STATION HANSPURA, DISTRICT AURANGABAD ********** 2 01/08/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed for quashing of the entire First Information Report of SC/ST Gaya Police Station Case No. 11 of 2005 instituted under Sections 323, 354, 384, 341, 346, 347, 120B of the Indian Penal Code and Sections 3 (8), (9), (10), (11), (15) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. Learned Counsel for the petitioner submits that despite the lapse of six years, the Police has not submitted final report. He further submits that this case needs to be quashed on the ground that the husband of Punam Devi, who is the informant in the present case, ran away with a sum of Rs. 8 lakhs which belongs to a particular organization. One Ajay Kumar has lodged a case being Belaganj Police Station Case No. 99 of 2005 in which the petitioner is one of the 2 witnesses. Learned Counsel further submits that the present case is the counter to the case filed against the Opposite Party No. 2. It is also submitted that it is malicious and vexatious. All these aspects of the matter shall be considered by the Court below at the appropriate stage of the case. Right now, it is not proper for this Court to quash the First Information Report as the matter is still under investigation. This application is disposed of in the terms aforesaid. Anand (Sheema Ali Khan, J.)