IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.254 of 2011 Umesh Kumar Versus The State of Bihar & Ors. ----------- 3. 27.7.2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved on account of lodging of Motipur Police Station Case No.14 of 2011 registered on 1.2.2011 for the alleged offence under section 409 of the Penal Code. Learned counsel for the petitioner submits that no ingredient of the offence under section 409 has been made out in the written report, which is the basis for lodging of the First Information Report. It is further submitted that no amount of salary, which was to be paid to Annu Sharma, was withdrawn by the petitioner and kept in his personal account. Learned counsel appearing on behalf of the State submits that whether the offence alleged against the petitioner could be sustained or not, may not only appear from the First Information Report but would also depend during the course of investigation on the materials collected. Considering the submissions of the parties, let the investigation of the aforesaid police case be completed expeditiously without unnecessary delay and upon completion of the investigation, police report be submitted forthwith. Till submission of the police report, upon investigation, let no coercive steps be taken against the petitioner in connection with Motipur Police Station Case No.14 of 2011. However, the petitioner - 2 - shall make himself available to the investigating officer with all relevant information and the documents if required during the course of investigation. The writ application stands disposed of with the above observations/directions. Let this order be communicated to the court of the Sub- Divisional Judicial Magistrate, West, Muzaffarpur in connection with Motipur Police Station Case No.14 of 2011 through fax on the cost being deposited by the petitioner. PNM (Shailesh Kumar Sinha, J.)