IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45261 of 2008 Mukesh Kumar Mandal, Son of Kulo Mandal, Resident of Village Kawlasia Patwar Tola, PS Falka, District Katihar ------ Petitioner Versus 1. The State Of Bihar. 2. Munni Kumari, Daughter of Vakil Paswan, Resident of Village Kawlasia Patwar Tola, PS Falka, District Katihar ----- Opposite Parties ----------- 2 5.8.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the informant. This application has been filed for quashing the order taking cognizance dated 18.9.2008, passed by the Chief Judicial Magistrate, Katihar as well as the entire criminal proceeding instituted against the petitioner under Section 376 of the Indian Penal Code in Falka P.S. Case No. 66 of 2007. Learned counsel for the petitioner submits that this case has been instituted due to a land dispute. In fact the petitioner is not at all responsible for the fact that the victim lady got pregnant and delivered a child. It is further submitted that he had appeared and filed an application (Annexure-3 series) before the Deputy Inspector General of Police, Purnea that he is ready that the D.N.A. test should be done in order to determine the parentage of the child. The Deputy Inspector 2 General of Police, Purnea had perhaps ordered the Superintendent of Police, Purnea to ensure that the D.N.A. test is done. It is further submitted that the entire case is false, fabricated and maliciously filed. All these aspects of the matter should be considered by the Court below before framing of charges. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)