IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.433 of 2011 Chintu Kumar @ Chintu Singh Versus The State Of Bihar & Ors ----------- 2 22.07.2011 Heard learned counsel for the petitioner and the learned Advocate General appearing for the State. The prayer of the petitioner is for quashing the order dated 3rd February, 2011 written by the Inspector General of Police, Muzaffarpur to the Senior Superintendent of Police, Muzaffarpur in connection with Sakra P.S. Case No. 152 of 2004 registered for the alleged offence under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. The submission of the petitioner is that in this matter the investigations were carried out earlier and police upon investigation found the factum of occurrence true, however, submitted the final form stating it to be clueless. As such, the investigation as directed in the impugned order is absolutely incorrect. It is further submitted that the police could not have issued a direction for reinvestigation. In support of the same, learned counsel has relied upon a decision of the Apex Court in the case of Rama Choudhary Vs. The State of Bihar, as reported in (2009)6 S.C.C. 346 in order to show that investigation, reinvestigation and further investigation are quite different. Learned counsel submits 2 that as such no investigation could be done in the matter when the final form is already submitted on which till date no action has been taken in the Court below. Learned Advocate General appearing for the State submits that the right of the police for further investigation in terms of the provisions of sub-section (8) of Section 173 of the Code of Criminal Procedure is statutory in nature which permits the police to make further investigation even after submission of the police report if further material comes. It is further submitted that it is not a case of reinvestigation rather it is a case for further investigation which would be apparent on perusal of the impugned order, and as such, the decision to make further investigation in the matter cannot be faulted. Considering the submissions of the parties, since the police is not precluded from making further investigation if any material comes after submission of the police report, I do not find any merit in this application and the same accordingly stands dismissed. Manish ( Shailesh Kumar Sinha, J.)