IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.204 of 2009 UMASHANKAR SINGH, SON OF LATE RAMANAND SINGH, RESIDENT OF VILLAGE SARAIYA GOPAL, P.S. PATAHI, DISTRICT EAST CHAMPARAN………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE HOME SECRETARY, STATE OF BIHAR, PATNA 2. DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. INSPECTOR GENERAL OF POLICE, TIRHUT DIVISION, MUZAFFARPUR 4. DEPUTY INSPECTOR GENERAL OF POLICE, BETTIAH, DISTRICT WEST CHAMPARAN 5. SUPERINTENDENT OF POLICE, EAST CHAMPARAN, MOTIHARI 6. DEPUTY SUPERINTENDENT OF POLICE, PAKRIDAYAL, DISTRICT EAST CHAMPARAN 7. OFFICER INCHARGE, PATAHI POLICE STATION, DISTRICT EAST CHAMPARAN 8. RAJNISH KUMAR, S.H.O., PATHAI, P.S. PATAHI, DISTRICT EAST CHAMPARAN………………………………….……..RESPONDENTS ----------- 5 22.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. In this writ application multiple prayer has been made by the petitioner. However, learned counsel for the petitioner submits that petitioner will be satisfied if in the investigation, statement of one Jai Managal Thakur, who is awaiting his trial, be recorded in this case. He submits that occurrence was given effect to by the Naxalites and the petitioner and others have been falsely implicated due to personal rivalry. He submits - 2 - that said Jai Managal Thakur is a hard core naxalite and if his statement is recorded, he will give true picture with regard to the incident. Learned counsel for the petitioner submits that the petitioner is ready to get a petition filed for the purpose before the Superintendent of Police, East Champaran at Motihari who may consider the same and pass appropriate orders. It is always in the interest of justice that truth in respect of a particular incident surfaces by recording the statements of witnesses who may give the clear picture of the incident to the police. Therefore, this Court gives liberty to the petitioner to get a petition filed before the Superintendent of Police, East Champaran, Motihari with a request to him for a direction for recording the statement of said Jai Mangal Thakur in this case. If such a petition is filed, the Superintendent of Police will consider the same and if he finds it appropriate, he shall direct the concerned Investigating Officer to get the statement of - 3 - Jai Mangal Thakur recorded for proper investigation. Learned counsel for the petitioner submits that he will advise his client to surrender before the court below in the case at an early date preferably within four weeks from today. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)