IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.18 of 2010 1. MUJAHIR ALAM S/O MD.MUSLIM R/O VILL.- MAKHDUMPUR,P.S.- MUFASSIL,DIST.- KATIHAR. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE,KATIHAR. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE,PURNEA. 4. THE SUPERINTENDENT OF POLICE,KATIHAR. 5. THE DEPUTY SUPERINTENDENT OF POLICE,KATIHAR. 6. INSPECTOR OF PLOICE,SADAR- B,KATIHAR. 7. THE OFFICER-IN-CHARGE,KATIHAR (M),P.S.-KATIHAR. 8. SRI RANDHIR MISHRA,S.I. OF POLICE,KATIHAR(M),P.S.- KATIHAR. ----------- 3 22.12.2010 Heard learned counsel for the petitioner and the State. It is submitted on behalf of the petitioner that he is the informant of Katihar(M) P.S. Case no. 92 of 2007, registered for the alleged offence under Sections 341 and 307/34 of the Indian Penal Code and Sections 25(1-b)a and 26/35 of the Arms Act. It is submitted that in the said case even though sufficient materials were found during the investigation against the accused persons, but, the police submitted the final form, as contained in Annexure-6/1. In this situation, the petitioner filed a protest petition as contained in Annexure-7. However, the same is still pending for disposal and the final form submitted by the police has not been accepted by the Chief Judicial Magistrate, Katihar. It is submitted that on the one hand, the final form is not accepted on account of the protest petition 2 filed by the petitioner with pending consideration before the Chief Judicial Magistrate, Katihar. On the other hand, another FIR has been lodged with respect to the same occurrence by the Katihar Police and registered for the offences under Section 25(1-b)a/ 26/35 of the Arms Act vide Katihar(M) P.S. Case No. 109 of 2009, as contained in Annexure5. Learned counsel appearing for the State submits that the second FIR contains different allegation as well, however, this relates to the same occurrence. Considering the rival submissions of the parties, I am of the opinion that till acceptance of the final form and disposal of the protest petition as contained in Annexure-6/1 and 7 respectively, further proceedings of Katihar(M) P.S. Case No. 109/09 be kept in abeyance. Let, the order be communicated to the Court of Chief Judicial Magistrate, Katihar in connection with Katihar(M) P.S. Case no. 109/09. Amrendra/ (Shailesh Kumar Sinha, J.)