IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.364 of 2009 SHAKUNTALA DEVI Versus STATE OF BIHAR & ORS ----------- For the petitioner : Mr.Birju Prasad, Advocate For the Respondnts: Mr.R.S. Singh, AC to AAG-6 4 19.7.2010 The petitioner is aggrieved by the action of the respondent authorities in not registering the Belaganj P.S. Case No.216 of 2008 under section 364 of the Penal Code rather the same was registered under sections 147, 148, 149, 323, 380, 504, 448 of the Penal Code. The informant lodged a F.I.R. alleging therein that eight accused persons entered her house and assaulted the family members and even committed some theft. The informant thereafter filed a petition before the Chief Judicial Magistrate, Gaya wherein she stated that the accused persons kidnapped her father-in-law namely Sheo Balak Yadav. However, the informant reported all these matters to the police station, but she was forced to write otherwise. The petitioner has also filed a protest petition before the Chief Judicial Magistrate, Gaya on 5.1.2009 and on 20.1.2009 also filed a representation dated 12.2.2009 before the Superintendent of Police, Gaya. The petitioner submits that her father-in-law is still traceless. A counter affidavit has been filed on behalf of the State. It has been stated that after taking into consideration the representation of the petitioner, charge sheet no.50 of 2009 dated 2 KHAN 15.3.2009 was filed under sections 147, 148, 149, 448, 323 and 504 of the Penal Code against two arrested and five absconding named accused persons. Counsel for the State submits that the written fardbeyan of the informant dated 29.2.2008 does not contain the ingredients of section 364 of the Penal Code. It appears that the informant has filed protest cum complaint which is Annexure-3 to this application. Having considered the facts and circumstances of the case, it would be open to the petitioner to pursue the aforesaid protest cum complaint petition before the Chief Judicial Magistrate, Gaya in terms of section 210 of Cr.P.C. With the aforesaid liberty to the petitioner, this writ petition stands disposed of. (S.P.Singh,J)