IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1071 of 2008 SUNITA DEVI wife of Shankar Mandal resident of village Devdarh, P.S.Dhoraiya, Distt. Banka. Versus 1. THE STATE OF BIHAR through the Director General of police, Govt. of Bihar, Patna. 2. The Superintendent of Police, Banka 3. The Block Development Officer-cum-Circle Officer, Dhoriya Block, Distt. Banka. 4. The Officer-in-charge, Dhoraiya P.S. Distt. Banka. ----------- 2 18/3/2009 The petitioner has approached this Court for commanding the respondents authorities to carry out further investigation in terms of section 173(8) Cr.P.C. of Dhoraiya P.S. Case no. 129/07 dated 9.10.2007 registered under sections 147, 148, 149, 323, 324, 327, 380 and 504 of the Indian Penal Code and section 27 of the Arms Act in view of report of the Anchal Amin, Dhoraiya Block contained in letter no. 78/24.2.06 dated 05.07.2006 and further measurement report of the said Amin dated 5.1.2008. A counter affidavit has been filed on behalf of respondent no. 2 stating therein that the investigation of the case was completed and he directed the I.O. to submit chargesheet in the case and the petitioner is not entitled to any relief as prayed for. It is true that under section 173(8) Cr.P.C. the police has power to conduct further investigation if any additional evidence, oral or documentary, has come into evidence. If the police is not exercising the power under section 173(8) Cr.P.C. , the petitioner may approach the learned Magistrate concerned for passing an appropriate order. If such a petition is filed by the petitioner, the Magistrate may peruse the case diary and can - 2 - direct the investigating agency to exercise their power under section 173(8) Cr.P.C. With the above direction, this writ application is disposed of. (J. B. Koshy, CJ.) AMIN