IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.849 of 2009 BHOLA KUMAR SINGH @ BHOLA KUMAR Versus STATE OF BIHAR & ORS ----------- 4 13.8.2010 The petitioner, who is the informant, seeks a direction to the respondent authorities to properly investigate the case bearing Gaurichak P.S. Case No.178 of 2008 dated 30.12.2008 under sections 147, 148, 149, 307 and 504 of the Penal Code and section 27 of the Arms Act. In the aforesaid case, the informant alleged that on the order of Lal Kishun Chaudhary, the other accused persons resorted to fire whereupon both the informant and one Raushan Kumar sustained fire arm injury on their lower portion of their legs. The petitioner submits that the accused persons in order to create a defence lodged counter case bearing Gaurichak P.S. Case No.179 of 2008 under sections 147, 148, 341, 323, 379, 504, 384 of the Penal Code. The grievance of the petitioner is that the police submitted final form in favour of the accused persons whereas in the case filed by the accused persons, charge sheet has been submitted under sections 147, 148, 341, 323, 379, 504, 384 of the Penal Code and section 3(1)(x) of the SC/ST Act. A counter affidavit has been filed on behalf of the State wherein in paragraph 8 it has been stated that final form has been submitted in the case filed by the petitioner and charge 2 KHAN sheet has been submitted in the case filed by the accused persons. Counsel for the State submits that the Investigating Officer has submitted final form in favour of the accused persons and opined that both these persons have opened fire on each other in order to implicate the accused persons in the case. The court is not bound by the opinion of the police and it can differ with the opinion if it finds that there is material to proceed against the accused persons. The petitioner would be at liberty to either file protest cum complaint before the learned Magistrate or to file a representation before the Sr. Superintendent of Police, Patna stating therein that though there was fire arm injury on the person of the informant and Raushan Kumar, still final form was submitted by the police. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)