IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.315 of 2009 MOTILAL YADAV @ MOTI YADAV Versus STATE OF BIHAR & ORS ----------- 3. 16.07.2009 The petitioner is father of the deceased relating to an occurrence under Kouch P.S. Case No. 86 of 2008 dated 16.11.2008 under sections 147, 148, 149, 302, 120, 504, 506 as well as 27 of the Arms Act. He has filed this application seeking for a direction to the investigating officer to investigate the case properly and submit charge sheet. The petitioner’s case is that the police is not investigating the case properly and statement of witnesses is also not being recorded by the I.O. A counter affidavit has been filed by the state- respondent. In para-1 of the counter affidavit, it is stated that the I.O. has already recorded the statement of informant and two other witnesses. In para-3, 6 and 7 of the case diary, it is also stated that on receiving information, the police along with SDPO, Tekari P.S. had reached the P.O. and due to heavy resistances by the deceased’s family and the villagers, the entire police force was compelled to camp in the village in night and on the next day, the statement of informant as well as two other witnesses was recorded and that in their statement, they could not identify the actual culprits. In para-9 of the counter affidavit, it is stated that in course of - 2 - investigation an examination of witnesses it appeared that 15 persons had been falsely implicated and named in the F.I.R. The learned counsel for the respondent stated that in this case the investigation is being properly done. The learned counsel for the petitioner submitted that police was not taking adequate steps for apprehension of the accused persons named in the F.I.R. Learned counsel for the respondents replied that police is taking all steps for apprehension of accused and submission of charge sheet on actual culprits whose complicity transpired during the occurrence. It is also submitted that the petitioner has every opportunity to file protest petition, if he is aggrieved against the investigation and that the protest petition will be considered at the time when final form/charge sheet is submitted by the investigating officer. In the facts and circumstances of the case, I find no scope for making specific direction as prayed for. The petitioner can raise his grievance before the learned Chief Judicial Magistrate at the time when final form is submitted in the case. The application is accordingly dismissed. (C.M. Prasad, J.) Ravi/-