IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8806 of 2010 1. RAMESH PRASAD @ RAMESH GOPE S/O BALRAM PRASAD @ BAL RAM GOPE R/O VILL.- MONIYAMPUR, P.S.- NAGAR NAUSA, DISTT.- NALANDA 2. SATYYANARAYAN KUMAR @ SATYA NARAYAN GOPE S/O BALRAM PRASAD @ BAL RAM GOPE R/O VILL.- MONIYAMPUR, P.S.- NAGAR NAUSA, DISTT.- NALANDA 3. OMKAR PRASAD @ OKAR GOPE S/O BALRAM PRASAD @ BAL RAM GOPE R/O VILL.- MONIYAMPUR, P.S.- NAGAR NAUSA, DISTT.- NALANDA 4. NIRANJAN PRASAD @ NIRANJAN GOPE S/O BALRAM PRASAD @ BAL RAM GOPE R/O VILL.- MONIYAMPUR, P.S.- NAGAR NAUSA, DISTT.- NALANDA 5. ARBIND SINGH @ ARBIND GOPE S/O BALRAM PRASAD @ BAL RAM GOPE R/O VILL.- MONIYAMPUR, P.S.- NAGAR NAUSA, DISTT.- NALANDA 6. BAL RAM PRASAD @ BAL RAM GOPE S/O LATE DAROGA GOPE R/O VILL.- MONIYAMPUR, P.S.- NAGAR NAUSA, DISTT.- NALANDA … Petitioners. Versus 1. THE STATE OF BIHAR 2. SURESH PD.SINGH S/O LATE PHAKIRA PRASAD MAHTO R/O VILL.- Goraipur Balwa, P.S.- NAGAR NAUSA, DISTT.- NALANDA. … Opposite parties. ----------- 3. 25.08.2010 Having heard learned counsel for the parties as also taking into account the prayer in this application being confined to quashing of the first information report, this Court would find it difficult to allow such application in view of the fact that on reading of the first information report the offence as alleged would definitely be constituted. Whether such FIR will lead to filing of charge-sheet or on the basis of the same, cognizance will be taken which would amount to abuse of the process of the Court is still an event quite far from sight. 2 In that view of the matter, while this Court would not interfere with the first information report keeping in view the principles laid down by the Apex Court in the case of State of Bihar & Another vs. J. A. C. Saldanna & Ors, reported in AIR 1980 SC 326, it would give liberty to the petitioner to move appropriate court if the police submits charge-sheet against him and/or upon submission of charge-sheet cognizance of the offence is taken. With the aforementioned observation and direction, this application is dismissed. kanchan (Mihir Kumar Jha, J.)