IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24965 of 2010 ANIL KUMAR SINGH Versus 1. STATE OF BIHAR & 2. GOPAL SINGH, BALWAQUARI, HAJIPUR SADAR, VAISHALI AT HAJIPUR. ----------- 4 03.01.2011. Heard learned counsel for the petitioner and the informant. The petitioner has prayed for modification of order dated 12.1.2009, passed in Cr.W.J.C.No. 188 of 2008 as well as order dated 20.5.2009, passed in Cr.Misc.No. 17471 of 2009. The informant Gopal Singh moved this Court stating that final report under section 304B/34 I.P.C. was submitted against the accused persons in 2002. It was submitted by the informant that now the matter is pending before the Chief Judicial Magistrate, Hajipur for either passing order or rejecting the same. Thereafter modification application was filed in Cr.Misc. No. 17471 of 2009 praying therein to fix time limit to either accept or reject the police report. As the case was of the year 2002, this Court directed the Chief Judicial Magistrate, Hajipur to pass appropriate order within a period of six weeks from the date of receipt of a copy of this order. The petitioner stated in paragraph 20 of the petition that it would appear from letter dated 31.7.2009 of S.P., Vaishali that the investigation was pending. In paragraph 24, the petitioner states that further investigation in the matter was carried out at the behest of informant itself, which fact was not stated in his earlier writ 2 petition. He submits that in view of order of this Court, order of cognizance has been passed. The informant should be more careful while stating facts. Since order taking cognizance has already been passed, this Court would observes as follows:- 1. The petitioner, if aggrieved, may challenge order taking cognizance. 2. In case, further report is received before the court concerned, he would proceed in accordance with law laid down by the Hon'ble Apex court in case of Ram Lal Narang Vs. State (Delhi Admn) and others, Reported in AIR 1979, Supreme Court 1791. The instant petition is thus disposed of. Shashi (Samarendra Pratap Singh, J.)