IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. WJC No.66 of 2009 SUSHANT KUMAR DAS, S/O PHANI BHUSHAN DAS, R/O ROL BAG, P.S.+ DISTRICT-KISHANGANJ. -PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVT.OF BIHAR, PATNA. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA. 3. THE DY. INSPECTOR GENERAL, PURNIA, 4. THE SUPERINTENDENT OF POLICE, KISHANGANJ. 5. THE DY. SUPERINTENDENT OF POLICE, KISHANGANJ. 6. SUB-INSPECTOR-CUM-INVESTIGATING OFFICER OF THE CASE, KISHANGANJ P.S., IN THE DISTRICT OF KISHANGANJ. 7. OFFICER-IN-CHARGE, KISHANGANJ P.S., IN THE DISTRICT OF KISHANGANJ. -RESPONDENTS 3 10.02.2009 Prayer of the petitioner in this application is to restrain the respondents from investigation of Kishanganj P.S. Case no. 199 of 2008. Short facts giving rise to the present application is that a petition of complaint was filed in the Court of the Chief Judicial Magistrate, Kishanganj. By order dated 25.6.2008 the learned Magistrate referred the complaint for investigation under section 156(3) of the Code of Criminal Procedure and on that basis Kishanganj P.S. case no.199 of 2008 was registered. Aforesaid order of the learned Magistrate was assailed in Cr.Rev. no. 266 of 2008 and the Additional Sessions Judge, 2 by order dated 6.8.2008 observed that on account of pendency of another criminal case, the learned Magistrate erred in referring the complaint to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. It is the assertion of the petitioner that despite that Kishanganj P.S. Case no. 199 of 2008 is being investigated. Government Advocate 4, appearing on behalf of the respondents, however, submits that nothing prevents the Investigating Officer to examine the allegation which has led to registration of Kishanganj P.S. Case no. 244 of 2007. In my opinion, Kishanganj P.S. Case no. 199 of 2008, in view of the order of the revisional court may not be subject matter of investigation but that shall not prevent the investigation of such allegations which are common in both the cases. Petitioner shall be at liberty to approach the Superintendent of Police, Kishanganj for stopping the investigation of Kishanganj P.S. Case no. 199 of 2008 and in case petitioner does so, the Superintendent of Police shall examine the same in the light of the observation aforesaid. The application stands disposed off with the 3 observation aforesaid. (C.K. Prasad, ACJ.) AAhmad