IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.656 of 2009 SHEO KALI DEVI Versus 1. STATE OF BIHAR 2. DGP, BIHAR 3. SP, WEST CHAMPARAN AT BETTIAH AND 4. OFFICER IN CHARGE, MAJHAULIA POLICE STATION. ----------- 2 21.06.2010. Petitioner, who is wife of one of the six deceased, namely, Ram Bali Sahni killed on 29.10.2008 giving rise to Majhaulia Police Station case nos. 293/2008 and 338/2008, as contained in annexures 2 and 3 respectively, prays for a direction to respondent no.4, the Officer in charge of concerned police station for lodging third FIR for the same occurrence on the basis of her statement/version only recorded as Sanaha Entry no. 45 dated 2.11.2008 against 12 accused persons for committing murder of her husband and five others as mentioned above. She further prays for proper investigation of aforesaid two cases. Referring to counter affidavit dated 23.12.2009 filed by the SDPO, Vaishali, learned counsel for the State submits that police has already taken note of her statement and had incorporated the same in para 29 of the case diary no.4, dated 2.11.2008 of Majhaulia Police Station case no. 293/08, as such, no separate FIR has been lodged on the basis of her Sanha. Furthermore, as fard beyan of Kari Sahani had been recorded a day before statement of petitioner i.e. on 30.10.2008, Majhaulia Police Station case no. 293/08 was lodged first. It is further stated that as a matter of fact, the SDPO, Bettiah Sadar has supervised the Majhaulia Police Station case no. 338 of 2008, dated 4.12.2008 vide memo no. 341 dated 25.2.2009 and found the case as mistake of fact. - 2 - As statement of petitioner regarding the occurrence has been recorded in the case diary during investigation, this Court does not find any force in her submission. The writ petition is disposed of with direction to the Superintendent of Police, West Champaran at Bettiah, respondent no.3 to complete the investigation of the case in which six persons have been roasted to death within a period of four months from today. Let a copy of this order be communicated to respondent no.3 for compliance of the order. Shashi. (Samarendra Pratap Singh,J.)