IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.909 of 2007 SHEV PRAKASH CHAUBEY Versus STATE OF BIHAR & ORS ----------- 2 20.10.2008 Heard. The leaner counsel for the petitioner submits that he has been illegally evicted from the suit premises by the landlord in connivance with the local police. It is submitted that he is a practicing lawyer in Ara, and large number of files and books have been kept by the otherside including the landlord. He submits that he filed a criminal case being Ara Town P.S. Case No.85/06 under sections 448 and 380/34 of the Indian Penal Code. He also prays for fair investigation of the case. The learned counsel for the State has filed counter affidavit stating that the final form has already been submitted. The learned counsel for the State submits that in the written report dated 1.5.2006 the petitioner has not given any specific reference to any of the files. The learned counsel for the petitioner submits that he had not been permitted to take back his gown,files,diary and law books. He submits that subsequently he had filed a complaint to the police stating therein the details of the things that have been withheld by the landlord. After hearing the learned counsel for the parties it appears that the police after investigation has submitted final report finding the case not to be true. 2 In such situation it would be open to the petitioner to pursue his protest petition, if any, filed before the Magistrate. So far as the issue of illegal eviction is concerned the petitioner, if so advised, may move before and appropriate forum under the provision of B.B.C. Act etc. This takes me to the other grievance of the petitioner that the files and books of the petitioner have not been handed over to him. It goes without saying that if the files and the books of the petitioner have been withheld by the police or by the landlord both of them are obliged to return the same to the petitioner. With the aforesaid observations this writ application is disposed of. Anilksinha (Samarendra Pratap Singh,J.)