IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.147 of 2010 CHANCHALA DEVI W/O OM PRAKASH PODDAR R/O VILL.- SAGARMAL CHOWK, KHAGARIA, P.S. & DISTT.- KHAGARIA Versus 1. THE STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE GOVT OF BIHAR, OLD SECRETARIAT, BIHAR, PATNA 2. THE INSPECTOR GENERAL OF RAIL POLICE BIHAR, PATNA 3. THE SUPERINTENDENT OF RAIL POLICE KATIHAR 4. THE DEPUTY SUPERINTENDENT OF POLICE BARAUNI 5. THE INCHARGE KHAGARIA RAIL POLICE (G.R.P.) 6. THE SUPERINTENDENT OF POLICE KHAGARIA 7. THE SUPERINTENDENT OF POLICE BEGUSARAI 8. THE INCHARGE P.S. - SAHEBPUR KAMAL, BEGUSARAI 9. RAVI PODDAR @ RAVI KUMAR S/O PRABHAKAR PODDAR R/O VILL.- SAGARMAL CHOWK, P.S. AND DISTT. - KHAGARIA 10.SANTOSH KUMAR PODDAR S/O SHARWAN PODDAR R/O VILL.- SAGARMAL CHOWK, P.S. AND DISTT.- KHAGARIA 11.SUNITA DEVI W/O LATE DEEPAK KUMAR @ DEEPAK PODDAR AT PRESENT RESIDING AT HER NAIHAR, D/O ARJUN PODDAR R/O VILL.- UDA PATTI, MUSARI GHARARI, P.S.- MUSARI GHARARI, DISTT.- SAMASTIPUR ----------- 4 07.12.2010 A reply to the counter affidavit has been filed on behalf of the petitioner. Heard learned counsels for the petitioner and the State. The grievance of the petitioner is that the compliant of the petitioner registered as Complaint Case No. 20C of 2007 before the Railway Judicial Magistrate, Khagaria was sent to the respondent no.5 for registering the complaint as first information report as per the order dated 12th November, 2007 vide Annexure-7. Learned counsel for the petitioner submits that despite the above order the first information report has been registered and the matter is not being investigated. Learned counsel, however, submits that a petition has been filed before the Railway Judicial Magistrate, Khagaria bringing to his knowledge that the order dated 12th November, 2007 by which the complaint was sent to the Police under section 156(3) of the Code of Criminal Procedure, is not being carried out as the same is not being registered as F.I.R. and proceeded. In this view of the matter, in case such petitioner has been filed the same may be considered expeditiously preferably within a period of two months on receipt/production of the certified copy of the present order. It will be open for the petitioner to file a fresh petition if so advised. The writ application stands disposed of with the above observations/directions. The order may be communicated to the Railway Judicial Magistrate, Khagaria through FAX on the cost being deposited by the petitioner. Manish/- ( Shailesh Kumar Sinha,J.)