Judgment S.N. PATHAK, J. This criminal writ has been filed seeking quashing of F.I.R. in Kotwali P.S. Case No. 676 dated 18.11.1997 registered under Sections 147, 148, 149, 337, 323, 307, 332, 504 and 127 of the Indian Penal Code. The F.I.R. was to the effect that the informant of the case K.D. Choudhary, Officer-in-charge of Kotwali P.S., Bhagalpur, learnt on telephone that in the Civil Courts Premises of Bhagalpur, there was some sort of occurrence in which lawyers and staff and others were involved and one Additional Sessions Judge Shri D.N. Barai had received heart stroke. So the Officer-in-charge proceeded to the Civil Courts for verifying the aforesaid information with a posse of Police force, but they were prevented by a mob of 100 to 150 lawyers and staff of the Civil Courts who abused the Police Party and pelted stones on them. The Officer-in-charge had brought also a doctor along with him to treat the ailing Additional Sessions Judge, but the doctor withdrew sensing trouble. Subsequently, the informant learnt that the Civil Surgeon and other doctors had come and treated the concerned Additional Sessions Judge. The unruly mob of lawyers and staff damaged the police vehicles and they brick-batted the Policy Party and abused them. 2. It has been submitted in the memo of this writ that it was the Police Party which had become unruly and had assaulted the Additional Sessions Judge and the members of the Bar were there to shield the victim Additional Sessions Judge. The F.I.R. in this case was maliciously lodged just by way of saving the skin of the guilty Police Officers and police personnel. 3. Some papers have been filed along with this writ which show that the I.G. Police, had stayed action on the F.I.R. lodged and that state Government had ordered for a judicial enquiry into the entire episode leading to the assault on the Additional Sessions Judge, 4. The aforesaid circumstances of the case indicate that there was something fishy about the institution of the F.I.R. Even otherwise, the allegations in the F.I.R. that the informant had come to the Court premises to get the Additional Sessions Judge treated by a doctor does not appear to be convincing because it is not understandable why lawyers and staff of the Court shall manhandle and abuse and stone the Police Party in the aforesaid circumstances.
It is not in the F.I.R. that anybody was seriously injured by the stone pelting resorted to by the lawyers and staff of the Civil Courts Circumstances of the case, therefore clearly indicate that there was something malicious and mysterious about the institution of the F.I.R. When there was already an enquiry regarding the facts leading to the assault on the Additional Sessions Judge and also the alleged behavior of lawyers and others, it would not be proper to allow the F.I.R. to continue to exist and to culminate in any further investigation. Hence I am of the opinion that this Court can exercise its jurisdiction to quash the F.I.R. 5. In the result, this writ application is allowed and the F.I.R, instituted in the case referred to above, is quashed.