IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.202 of 2010 KALAWATI DEVI Versus STATE OF BIHAR & ORS ----------- 5 24.11.2010 Heard counsel for the petitioner and the State. The petitioner, who is the informant, seeks a direction to the respondent authorities to make further investigation of Chakia P.S. Case No.20 of 2009 registered under sections 366, 366(A), 363 of the Penal Code. It is alleged that the daughter of the informant namely Vibha Kumari was abducted by one Rameshwar Singh with aid of others. Learned counsel for the petitioner submits that the statement of the daughter of the petitioner recorded under sections 161 and 164 Cr.P.C., is already on record, supports the prosecution case, but despite such material evidence the police has submitted final form in favour of the accused persons vide final report dated 30.10.2009. In the aforesaid report the accused has been shown as not sent up for trial. In support of his contention, he relief upon a decision of the Apex Court in the case of Kedar Naryan Parida and Ors Vs State of Orissa & anr, reported in (2009) 9 SCC538 wherein in paragraph 52 it has been held that the courts and in particular the High Courts, are the guardians of the life and liberty of the citizens and if there is any flavour of deliberate misuse of the authority vested in the investigating authority, the High Court or this Court may 2 KHAN certainly step in to correct such injustice or failure of justice. Learned counsel submits that in view of the materials on record, the police ought not to have submitted final report in favour of the accused. A counter affidavit has been filed on behalf of the respondent stating therein that due to previous enmity the accused has been falsely implicated in this case. The Court is not bound to accept the opinion of the police in respect of submission of charge sheet or final form in favour of the accused rather the Court would decide the taking of cognizance of an offence on the basis of the materials on record already collected. So far as other grievance of the petitioner that the police would make further investigation in the matter, the petitioner would file an application before the Superintendent of Police, East Champaran, Motihari raising her grievance, who would look into the matter in accordance with law. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)