IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.27 of 2010 JYOTISH KUMAR BHAGAT SON OF LATE RAM PRASAD BHAGAT, RESIDENT OF MOHALLA GOSHALA, POLICE STATION- SADAR KATIHAR, DISTRICT- KATIHAR Versus 1. THE STATE OF BIHAR 2. THE SUPERINTENDENT OF POLICE, KATIHAR 3. THE OFFICER IN CHARGE OF BALRAMPUR POLICE STATION, DISTRICT- KATIHAR 4. THE OFFICER INCHARGE OF TELTA OUT POST POLICE STATION, DISTRICT- KATIHAR 5. THE EXECUTIVE ENGINEER, N.R.E.P., KATIHAR ----------- 4 28.03.2011 Heard learned counsels for the petitioner and the State. The prayer of the petitioner is that till the measurement of the scheme in question allotted to the petitioner is not completed, no coercive steps be taken against him in connection with Balrampur P.S. Case No. 52 of 2007 which arose on account of alleged misappropriation of public money on account of incorrect measurement and availing the pecuniary benefits by the petitioner. Learned counsel for the petitioner submits that the measurement itself was not correct as before lodging of the first information report during the pendency of the investigation the alleged initial measurement shown by the department was found to be not correct and it decreased substantially. It is further submitted that for the purpose of arriving at a correct measurement in the scheme in question the petitioner had agitated the matter before the concerned Divisional Commissioner by way of representation which is still under consideration. Learned counsel for the State on the other hand submits that the prayer of the petitioner was confined to the extent that so long the measurement is not done no coercive steps be taken against the petitioner and since the measurement has been completed, the very writ application has now become infructuous. Considering the rival submissions of the parties, it is in the expedient interest of justice that the investigation of the aforesaid police case be completed expeditiously without unnecessary delay and upon completion of investigation police report be submitted forthwith. However, during investigation it will be open for the petitioner to bring it to the notice of the Investigating Officer with regard to any development regarding the final measurement of the scheme in question. It goes without saying that the concerned authority shall take the final decision with regard to the measurement of the scheme if it is still pending. The writ application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)