IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.803 of 2009 BHART SINGH, SON OF LATE JAGNARAYAN SINGH, RESIDENT OF VILLAGE RENU BIGAHA, P.O. POEWAN, P.S. AURANGABAD, AT PRESENT RESIDING AT TIKARI MORE, P.O. + P.S. AND DISTRICT AURANGABAD……………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, SASARAM (ROHTAS) 3. THE SUPERINTENDENT OF POLICE, SASARAM (ROHTAS) 4. THE OFFICER IN CHARGE, SASARAM (TOWN) P.S. SASARAM (ROHTAS)………………….RESPONDENTS ----------- 2. 29.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has grievance that his complaint was referred to the police by the learned Chief Judicial Magistrate, Rohtas at Sasaram by order dated 03.08.2009 for registering a case. However, the same was returned by the police with a report on 24.08.2009. From Annexure-3, it appears that before the complaint of the petitioner was received in the police station, a substantive case was instituted as Sasaram (Town) P.S. Case No.607/09 under Section 302 read with Section 34 of the Indian Penal Code against unknown. It is submitted by learned counsel for the petitioner that the police is not taking - 2 - any step in right earnest in investigating the case. He submits that when the petitioner and other witnesses approached the police, police did not record their statements under Section 161 of the Code of Criminal Procedure. From Annexure-4, it appears that the petitioner has filed a petition before the Superintendent of Police, Rohtas at Sasaram in this respect. In the circumstances, Superintendent of Police, Rohtas at Sasaram is directed to look into the matter and if the petitioner and other witnesses are ready to make their statements in the case before the police, he will direct the Investigating Officer to record their statements under Section 161 of the Cr.P.C. For the purpose, petitioner may file a fresh representation before the S.P., Rohtas at Sasaram giving names of the witnesses, who are ready to make their statements before the police. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)