IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1038 of 2009 SIWANI DEVI wife of Late Sanjay Vishwakarma, resident of village Manikpur, P.S. Kurtha (Manikpur), Distt.-Arwal. . . . . . Petitioner. Versus 1. THE STATE OF BIHAR, through the Home Commissioner cum Secretary, Government of Bihar, Patna. 2. The Director General of Police, Bihar, Patna. 3. The Superintendent of Police, Arwal. 4. The Deputy Superintendent of Police, Arwal. 5. The Officer-in-charge, Kurtha police station, Kurtha, District Arwal. . . . . Respondents. ----------- 2/ 01.09.2010 Heard learned counsel for the parties. In the instant writ application, the petitioner prays for directing the respondent to investigate Kurtha P.S. case no. 137 of 2009 in terms of the written application filed by the villagers on 18.11.2009 before the respondent no.3. Learned counsel for the petitioner submits that the petitioner stated before the police that Lala Sao and his three sons have killed her husband namely Sanjay Vishwakarma. According to the petitioner, the police has not written the names of Lala Sao and his three sons in the F.I.R., as such when the informant came to learn about it a petition was filed before the Superintendent of Police, Arwal. A petition was also filed by the villagers as well, in which it has been stated that Lalaa Sao and his three sons have killed informant’s husband. She further prays for recording her statement under Section 164 of Cr.P.C. Counsel for the State submits that the First Information Report has been correctly recorded and after two days of the institution of the First Information Report, the prosecution 2 filed a petition that Lala Sao and his sons had killed her husband and not alleged accused from Village Manikpur. The Superintendent of Police directed the inspector of police, Kurtha to make an enquiry. The report of the Inspector of Police is annexed as Annexure-1 to the counter affidavit. The issue whether the informant took the name of Lala Sao and his three sons are disputed questions of facts. However, it will be open for the petitioner to file a petition before the Chief Judicial Magistrate, Arwal for recording her statement under Section 164 of Cr.P.C., which will be considered on its own merit. With the aforesaid observation, this application is disposed. Uday/ (Samarendra Pratap Singh, J.)