IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.366 of 2009 SHAIL DEVI, w/O. Chandra Bhushan Singh, R/o. Village- Sarbadipur, P.S. Kahalgoan, District- Bhagalpur. Versus 1. THE STATE OF BIHAR, 2. Director General of Police, Bihar, Patana, 3. Zonal Inspector General of Police, Bhagalpur, 4. Deputy Inspector General of Police, Bhagalpur, 5. The Superintendent of Police, Bhagalapur, 6. Sri B.N. Jha Sub-Inspector of Police, Sabour P.S. Bhagalpur(I.O.) ----------- 02. 11.08.2009 Petitioner’s son was murdered and for which offence Sabour P.S. Case No.424 of 2008 under Sections 302/201/34 of I.P.C. was instituted against some accused persons named in the F.I.R. The petitioner prays for a direction to the Investigating Officer of the case for doing a fair and partial inquiry. The petitioner says that the Investigating Officer is not recording the statements of the witnesses and he is also not taking proper steps for apprehension of the accused persons. The petitioner has stated in the petition that a protest petition has been filed before the learned C.J.M. It is also stated that the petitioner earlier approached before the learned C.J.M. for similar relief and on which a progress report was called for by the C.J.M. from the Investigating Officer and the same is awaited. The F.I.R. was said to have been instituted on 12.12.2007. A protest petition has already been filed in the case. It is also apparent that the petitioner earlier approached the learned C.J.M. for a fair and speedy investigation and the C.J.M. has also passed orders regarding calling for a progress report from the I.O. Since the learned C.J.M., who is having control of the investigation 2 has taken note of the petitioner’s prayer and he has already called for a progress report from the Investigating Officer, I feel that a separate and independent action in view of the direction as prayed for by the petitioner is not necessary to be made by this Court at this stage. The petitioner will again approach before the learned C.J.M. and it is expected that the C.J.M. then take care of the petitioner’s prayer and will see that the progress report is received from the I.O. as soon as possible. Accordingly, this application is disposed of with the above direction. Mkr. (C.M. Prasad, J.)