IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1095 of 2008 CHANDRA KUMAR TIWARY son of Late Srideo Narayan Tiwary, resident of village Basadiha, P.s. Agiaon Bazar, Distt. Bhojpur. Versus 1. STATE OF BIHAR 2. The D.G.P., Bihar, Patna. 3. The Superintendent of Police, Bhojpur. 4. The Dy. S.P. Bhojpur. 5. The Sub Inspector of Police, Agiaon Bazar P.S. District Bhojpur. 6. Suresh Siongh son of Late Bhagwati Singh 7. Chandrama Yadav son of Late Surya Bali Singh resident of Basadiha, P.s. Agiaon Bazar, Bhojpur. ----------- 2 20/03/2009 This writ application has been filed for directing the Superintendent of Police, Bhojpur to take action on the petitioner’s application dated 22.11.2007 (Annexure-5) which was sent to him by the Deputy Secretary in the Chief Minister’s Secretariat vide letter dated 22.11.2007. If no action is being taken by the police on the petitioner’s application dated 22.11.2007, the petitioner may file an appropriate application before the Magistrate in seisin of the case. It is further submitted by the learned counsel for the petitioner that respondent no. 6 has filed a false complaint case against the petitioner bearing case no. 2115(C ) of 2007 for the alleged offence committed on 22.11.2007 which was sent to the police for investigation under section 156(3) Cr.P.C. It is alleged that the police is not properly conducting the investigation in the said case. If the petitioner has any grievance in regard to the investigation of the case, he may approach the Magistrate Court. If a case is registered against the petitioner, it is for the - 2 - petitioner to get bail from the original court and take his defence according to law. By filing a petition under section 482 Cr.P.C. or under Article 226 of the Constitution, the petitioner cannot be ordered to be arrested as it will foreclose consideration of his bail application or anticipatory bail application according to law as has been held by the Apex Court in Panful Nessa Vs. Mohd. Miraj Ali and others reported in (2008) 7 SCC, 759. It is made clear that I am not expressing any opinion on the merits of the case at this stage. With the above observation, this writ application stands disposed of. (J. B. Koshy, CJ.) AMIN