IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1089 of 2008 1. AMIT SINGH, S/o Devendra Singh @ Dev Narayan Singh 2. Navin Srivastava, S/o Pramod Srivastava Both resident of Village- Rambhadra, P.S.- Town, District- Vaishali. . . . . Petitioners. Versus 1. THE STATE OF BIHAR through Director General of Police, Bihar, Patna. 2. Additional Director General of Police, Muzaffarpur Zone, Muzaffarpur. 3. Deputy Inspector General of Police, Tirhut Range, Muzaffarpur. 4. Superintendent of Police, Vaishali at Hazipur. 5. Officer-in-charge, Investigating officer, P.S. Town, District- Hajipur. . . . . Respondents. ----------- 7/ 01.07.2010 Heard learned counsel for the petitioners and the State. In the instant application, the petitioners pray for further investigation and direction to the police to conclude the investigation pending against other accused persons against whom allegations are more severe than the petitioners. Learned counsel for the petitioners submits that in the F.I.R, the informant specifically stated that on order of one Lalan Singh, Sushil Singh and Chandan Singh fired at the neck of the deceased, Deo Kumar Rai, who died instantly. Learned counsel further submits that as per the F.I.R., it would appear that petitioners committed no overt act. He further submits that charge- sheet was submitted against these two persons and investigation has been kept pending against other accused persons and is still continuing, though the case is of the year, 2007. He states that the Additional Director General of Police, Muzaffarpur Region has opined that the supervision done by D.I.G. Muzaffarpur Zone was - 2 - faulty and without going into the depth of the materials had given directions for submission of charge-sheet. He similarly found that the supervision done by the Superintendent of Police, Vaishali also was not up to the mark. Counsel for the petitioner had also prayed for quashing the order taking cognizance, which he had deleted in this application. Counsel for the State submits that petitioners are also named in the F.I.R. as accused and all steps have been taken to conclude the investigation at the earliest and arrest the absconding accused persons. Heard the counsel for the parties. From the F.I.R., it appears that all the accused persons are alleged to have surrounded the deceased, but the specific allegations of assault are against Sushil Singh and Chandan Singh, who fired at the instigation of Lalan Singh. In view of such specific statement, it is surprising as to why the police has not submitted charge-sheet against these accused persons. In these circumstances, this Court directs the investigating officer of the case to conclude the investigation and submit report under Section 173(2) of Cr.P.C. within three months from today. In case, the accused persons are absconding, nothing would prohibit the police from submitting report under Section 173(2) of Cr.P.C. against them, showing them as absconders. In any - 3 - view of the matter, the police must submit the report and conclude the investigation preferably within three months, as the case is of the year, 2007. Let a copy of this order be transmitted to Superintendent of Police, Vaishali at Hazipur by the office in connection with Hazipur Town P.S. case No. 517 of 2007 (G.R. No. 3223 of 2007). Uday/ (Samarendra Pratap Singh, J.)