1 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40271 of 2007 MITHILESH KUMAR RAI SON OF SHRI NAND KISHORE RAI RESIDENT OF D-59/199,K-3,NIRALA NAGAR, MAHMORGANJ,VARANASI,U.P. Versus STATE OF BIHAR & KUSUM RAI D/O SHRI KAILASH NATH PADNEY ----------- For the petitioner : Mr.Rajiv Kr.Singh For the State : Mr.J.Upadhaya,A.P.P. For opp.party no.2 : Mr.Srikant Pandey --------- 4/ 19.03.2010 Heard the parties. The petitioner has challenged the entire proceeding of complaint Case No. 77 (C) of 2007 dated 31.1.2007 which has resulted in Baxar Town P.S.Case No. 24 of 2007 registered for offences under Sections 498A,484,406,420 and 120B/34 of the Indian Penal Code. It appears that the case is being still investigated. Neither chargesheet has been submitted nor cognizance has been taken. Considering the stage of the case, in my opinion, the petitioner has no grievance presently and the matter which is under investigation should not be interfered with though in exercise of power under Section 482 of the Code of Criminal Procedure. The Investigating Officer is full authorized to investigate the entire facts and circumstances of the case. This Court should 2 2 refrain from interfering with the proceeding. In the result, this application is without merit and is dismissed. However, if the court takes cognizance then the petitioner shall be at liberty to raise his grievances. Tahir/- ( Shyam Kishore Sharma, J.)