IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.849 of 2008 NITESH KUMAR CHOUDHARY @ NITESH KUMAR @ NITESH CHOUDHARY Son of Sri Ram Jatan Choudhary, resident of Raghunandanpur, P.S.Bhagwanpur, Dist. Begusarai ….Petitioner Versus 1. STATE OF BIHAR 2. The D.G.P. Govt. of Bihar, Old Secretariat, Patna. 3. The I.G. , Bihar, Old Secretariat, Patna. 4. Dy. Inspector General of Police, Govt. of Bihar, Munger Division, Munger. 5. The Superintendent of Police begusarai. 6. The officer-incharge, Phulwaria P.S. Dist. Begusarai. 7. Uma Singh, son of Ram Pratap Singh, 8. Munna Singh son of Ram Pratap Singh, 9. Babloo Singh son of Uma Singh. 10. Roshan Singh son of Uma Singh Sl. No. 7 to 10 are resident of village Madhurapur, Pubi Tola, P.S. Phulwaria, Dist. Begusarai. ……Respondents. ----------- 2 18.3.2009 This application has been filed for issuance of a direction to the Officer-in-charge Phulwaria Police Station to investigate the Phulwaria P.S. case no. 77 of 2008 within the district of Begusarai properly and to arrest the accused named in the first information report. Learned counsel for the petitioner submitted that sister of the petitioner was married with one Manoj Singh son of Sri Munna Singh, resident of village Madhupurapur in the District of Begusarai and thereafter she was killed in the matrimonial house for not fulfilling the demand of dowry. Petitioner instituted a case against the accused person in Phulwaria Police station under section 302, 201 and 34 of the Indian penal Code but when the investigating officer was not investigating the case properly he filed a petition of protest before the C.J.M, Begusari on 2.7.2008, who after hearing the matter sent the petition to the investigating - 2 - officer and directed him to consider the allegation on the basis of the material stated in both the petitions. Thereafter, the petitioner filed a petition before the Dy. Superintendent of Police about the threatening by the accused persons but no action has been taken till today and the petitioner is heavily fearful because of threatening of the accused persons who are in connivance with the police. Heard the counsel for the State. In view of the submissions I direct the 5th respondent to look into the matter and to see that proper investigation is done. In this connection I also refer to a decision of the Hon’ble Supreme Court in Lalita Kumari Vs. Govt. of Uttar Pradesh & others [ (2008) 7 Supreme Court Cases 164]. If proper investigation is not done by the concerned investigating officer action shall be taken against him and the matter shall be brought to the notice of the higher police officer or to the concerned Magistrates court so that an appropriate action can be taken against the accused persons or erring investigating officer. Petition is disposed of. Rahman/ (J.B.Koshy, CJ)