IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1117 of 2007 SMT.RANI JHA Versus THE STATE OF BIHAR & ORS ----------- 7 06.03.2009. Heard learned counsel for the parties. The petitioner has come to this court for direction commanding respondent authorities for institution of fresh case and investigation by CID or any other investigating agency in respect of allegations made in Musarari gharari Police Station case no. 38 of 2006 dated 13.4.2006 lodged for offences under sections 302,120B/34 I.P.C. and section 27 of the Arms Act. The petitioner is wife of one Birendra Kumar Jha who is named accused in the aforesaid Police Station case along with others. It is submitted by the petitioner that name of her husband is being dragged with this case only on account of political reasons as he was elected a member of the Zila Parishad of Samastipur from 2001-2006. The deceased Akhilesh Rai was also one of the contestants for the same post as would be evident even from the FIR. It is further submitted that the deceased was a history sheeter having involvement in as many as sixteen cases and could have been killed by any of his enemies. It is also submitted on behalf of the petitioner that the occurrence took place on 13.4.2006 at 10 am and written report was submitted at 5 pm on same i.e. after lapse of seven hours when the Police Station is very near. It is also submitted that one Arun Kumar, MLA represented to Dy.C.M. The Deputy Chief Minister on 18.10.2006 instructed the Home Secretary to take appropriate steps in - 2 - the matter and report. The state counsel referring to counter affidavits dated 22.4.2008 and 5.3.2009 submitted that charge sheet (Final form) has also been filed, as such, the matter is in court. The grievance of the petitioner is that police did not make any enquiry despite the directions of Deputy Chief Minister. He further submits that mere filing of charge sheet would be no ground for not making further investigation if materials subsequently surfacing justify the same. The writ petition is disposed of with observation that if the Superintendent of Police, Samastipur finds that there is sufficient material for making any further investigation, it will be open to him to take recourse under section 173(8) Cr.P.C. It would be also open to the petitioner to pursue the matter before Deputy Chief Minister. With aforesaid observations, the writ petition is disposed of. Shashi. (S.P.Singh,J).