IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.479 of 2010 SUDHIR SINGH, CHANDPURA, NEEMA CHANDPURA,BEGUSARAI. Versus 1. STATE OF BIHAR THROUGH SUPERINTENDENT OF POLICE, BEGUSARAI 2. SHIV PRASAD SINGH, OFFICER IN CHARGE, NEEMA CHANDAPURA POLICE STATION BEGUSARAI 3. MAHESHWER SINGH, ASI, NEEMA CHANDPURA, POLICE STATION BEGUSARAI. ----------- 3 23.08.2010. Petitioner has come to this Court for direction to respondent no.2 and 3, to conclude the investigation of Neema Chandpura Police Station Case No. 15 of 2009 dated 3.4.2009 lodged by him for offences under sections 447,341,323,504,385 and 379 I.P.C. and to record statement of Navin Singh, Sri Ram Singh, Ajit Kumar under section 161 Cr.P.C. in this case. The petitioner is informant of aforesaid case. He alleged that on the eve of Holi on 12.3.2009 at 5 pm, accused persons named in the F.I.R. armed with pistol, belt, lathi, danda etc came to his house, demanded rangdari tax, dragged him and assaulted him. He was admitted to the Begusarai Hospital for treatment from where he recorded his fard beyan on 14.3.2009. As police did not institute FIR in the light of that fard beyan, he filed a Complaint case no. 767C/09 on 31.3.2009, whereafter FIR being Neema Chandpura Police Station Case No. 15 of 2009, dated 3.4.2009 was registered for offences under sections 447,341,323,504,385 and 379 I.P.C. In the complaint case, the Chief Judicial Magistrate 2 called for a report under section 210 Cr.P.C. but only after issuance of show-cause, the officer in charge, Neema Chandpura sent report on 20.5.2009. The petitioner submits that right from the beginning, police is biased and has not conducted investigation fairly. The police submitted charge sheet no. 69/09 dated 30.6.2009 under sections 447, 341,323,504,34 I.P.C. without recording statement of witnesses who turned up to support the case of prosecution. Learned counsel for the State files counter affidavit sworn by the Superintendent of police, Begusarai submitting that police sent its report no sooner it received order of the Chief Judicial Magistrate, Begusarai dated 31.3.2009 and as the Fard beyan had been sent from Begusarai to Neemchandpura, it took few days in its institution. The case was reviewed by the Circle Police Inspector who found the case to be true under sections 147,341,232,504 I.P.C. vide memo no. 631 dated 30.6.2009 and as none of the witnesses supported the allegation u/s 379 and 385 I.P.C., charge sheet was not be submitted under these sections. It appears the fard beyan had been recorded on 14.3.2009, whereas FIR was lodged after 20 days i.e. on 3.4.2009, which gives rise to speculation. The grievance is regarding omissions to record statement of some of the relevant witnesses. In view of the facts and circumstances, the writ petition is disposed of with observation that in case the petitioner files a detailed representation before the Superintendent of Police, 3 Begusarai, he will dispose of the same within six weeks from the date of representation. Let this order be faxed to the court of Chief Judicial Magistrate, Begusarai for communication to the Superintendent of Police, Begusarai at the cost of the petitioner. Shashi. (Samarendra Pratap Singh, J.)