IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12702 of 1999 SHIV KUMAR RAUT Versus THE STATE OF BIHAR & ORS ----------- 28. 10.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel for the Department of Vigilance. The report of the Department of Vigilance submitted in sealed cover has been placed before the Court. The report dated 5.2.2009 is in context of Kotwali PS Case No. 272 of 2008 directed to be taken over by the Department of Vigilance. From the report dated 5.2.2009 it is apparent that investigation in the police case has been concluded and submission of the report before the concerned court is awaiting grant of sanction for some of the accused therein stated to be public servants. On going through the report submitted by the Department of Vigilance this Court is satisfied that on the claim of the petitioner serious and complicated issues of facts arise which shall necessarily require both oral and documentary evidence to be led, examined and analysed to arrive at a correct conclusion in a full dressed trial. This is not the domain of the writ court and is not possible to be done by the writ court. It appears that the earlier interim report dated 2.1.2009 did not find reference in the order sheet dated 9.1.2009. Let the interim report dated 2.1.2009 and the final report dated 5.2.2009 be kept in sealed cover before the Registrar General of this Court. The matter shall now proceed in accordance with law in Kotwali PS C Case No. 272 of 2008. This Court expects that since the investigation has been concluded by the Department of Vigilance, necessary report under the Code of Criminal Procedure shall be submitted before the concerned court after compliance of formalities mentioned in the report preferably within a period of two months. The claim of the petitioner shall now abide by the decision of the competent court after trial. The writ application stands disposed off. Let a copy of this order be handed over to the Counsel for the Vigilance. Snkumar/- (Navin Sinha,J.)