IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.776 of 2009 LALAN PRASAD YADAV, S/o Sumangal Yadav, resident of Village- Tilampur Tola, Sadulah Chak, P.S.- Pali, Distt.- Jehanabad. . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director General of Police, Govt. of Bihar, Patna. 3. The Superintendent of Police, Jehanabad. . . . . . Respondents. ----------- 2/ 30.06.2010 Heard learned counsel for the petitioner and the State. The petitioner prays for direction to the respondent State authorities for carrying out further investigation in terms of Sub- Section 8 of Section 173 of Cr.P.C. of Pali P.S. case no. 25 of 2009 dated 04.06.2009 under Sections 341, 323, 325 and 504/34 of the Indian Penal Code. The petitioner is informant of the case. He lodged the written report on 26.05.2009 itself alleging that the accused persons namely Gajendra Yadav and Shyam Yadav came armed with Lathi, Paina and assaulted him on account of which he sustained injuries. On hulla, the villagers came and intervened. Learned counsel for the petitioner submits that the police instead of instituting the F.I.R., referred the petitioner for medical examination to Medical Officer, P.H.C., Kako. The Medical Officer thereupon prepared injury report dated 26.05.2009. However, opinion regarding the nature of injury was reserved. Subsequently, the Medical Officer P.H.C., Kako opined that injury is grievous in nature, a copy of the aforesaid injury report is annexed as Annexure- 4. He further submits that he was having apprehension regarding fair investigation by the Investigating officer of this case, as such, he - 2 - filed a detailed representation before the Superintendent of Police, Jehanabad, as contained in Annexure-5. In the aforesaid representation, the petitioner stated that the injury being grievous in view of the medical report dated 16.06.2009, charge-sheet should be submitted under Section 307 of the I.P.C. and statement of relevant witnesses should also be recorded. The petitioner submits that in spite of all these facts, the police submitted charge-sheet on 30.06.2009, only under Sections 341, 323, 325, 504/34 of the Indian Penal Code. Learned counsel submits that the police, in view of grievous injury ought to have submitted charge-sheet under Section 307 of I.P.C. Learned counsel for the petitioner, as such prays for further investigation in the matter, so that statement of left out witnesses be recorded. Learned counsel further submits that aforesaid second medical opinion dated 16.06.2009 by which the Medical Officer, Kako opined that the injury is grievous in nature is already on record. It is well settled that the opinion of the police while submitting its report under Section 173 (2) of Cr.P.C. is not final. The court is empowered to differ with police opinion, if in its opinion cognizance is to be taken under other offences, other than one in which charge-sheet is submitted. In view of the aforesaid legal position, this court does not find any ground for directing the police to make further investigation under Section 173(8) of Cr.P.C so far. The other grievance that the Investigating officer has not made fair - 3 - investigation, the petitioner may make a complaint against the Investigating officer before the appropriate authority. In the result, this application is disposed of in terms of observations made above. Uday/ (Samarendra Pratap Singh, J.)