IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.35 of 2008 RAJAN KUMAR SRIVASTAVA Versus STATE OF BIHAR & ORS For the petitioner: Mr. Uday Kumar, Advocate For the State : Mr. A.Amanullah,SC 17, M/s Jawed Gaffar Khan. A.K.Prasad, both JC to SC 17 ----------- 2 4.12.2008 KHAN In the instant writ petition the petitioner seeks a direction to the respondents to institute a case pursuant to the direction of the Chief Judicial Magistrate, Patna passed in Complaint Case no.2934© 06 under section 156(3) Cr.P.C. Learned counsel for the petitioner by referring to paragraph 8 of the complaint petition submits that the brother of the petitioner mysteriously died on 29.7.2006 at Gaya. Learned State counsel submits that the alleged offence took place at Gaya and the petitioner ought to have instituted a case at Gaya. He further submits that the Officer-Incharge, Srikrishnapuri P.S. vide his memo no.2873 dated 21.11.2006 had made a request to the Chief Judicial Magistrate, Patna to send the necessary papers to appropriate police station for institution of the case. Having heard learned counsel for the parties, this writ petition is disposed of with an observation that if the petitioner files a regular case before the Officer-Incharge, Kotwali P.S., Gaya, the same would be registered forthwith. Let a copy of this order be communicated to the Superintendent of Police, Gaya. (S.P.Singh,J) - 2 -