IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3072 of 2011 SIKIL PRASAD son of Inte Sukhari Prasad, R.O.V Nakched Tola P.S. Town, Motihari Dist-East champaran. Versus THE STATE OF BIHAR through the Director General of Police Bihar Patna. ----------- 2 30.03.2011 Heard Mr. Sandeep Kumar learned counsel for the petitioner who is aggrieved by the transfer of the investigation and the case in its entirety as regards Motihari Town P.S. Case No. 179 of 2009 for all purposes to the Muzaffarpur jurisdiction. The contention was that there was material available to the investigating agency that some part of the offence may also have occurred in the jurisdiction of Motihari. It was further contended that even granting that the order of transfer may not have any purpose of getting the case transferred to Muzaffarpur. The purpose of transferring the case to Muzaffarpur definitely appears to shield the accused persons and to harass the family members of the victim which is indicated by fact that one of accused has been arrested so as to drop the justice. The Court does not acquire to transfer of the case from Motihari to Muzaffarpur but is concerned about the anxiety of the petitioner which was foeing from his 2 above contention that the purpose was to shield the accused persons who are not being arrested. The Court believes that the case being in respect of cognizable offence, if there is sufficient material the police shall not shirk in bringing the culprit to book. The police officials may not that from the duty to investigate a case also includes in appropriate circumstances and under sufficient material to arrest the accused persons which is also part of the investigation and if they are not doing that in spite of the materials produce before them then the grievance of the petitioner could not said to be without any basis. The Court directs the concerned authorities of Muzaffarpur to handle the investigation properly fairly and impartially so as to ensure that the same was not carried out with any ulterior purpose or with a view to shielding the accused persons. This direction is may appear general in terms but it should be treated specifically by the Superintendent of Police With the above observation this petition is disposed of. Anand Kr./Prakash ( Dharnidhar Jha, J.)