IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.242 of 2008 DR. SUSHMA TIWARY DAUGHTER OF SRI DAL PRATAP DUBEY, RESIDENT OF GRAM KAROUNDIYA SOUTH TOLA, P.O. AND P.S. SIDHI, DISTRICT REWA, MADHYA PRADESH. --- -- PETITIONER. Versus 1. STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE, OLD SECRETARIAT, PATNA. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3. INSPECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, PATNA. 4. SENIOR SUPERINTENDENT OF POLICE, PATNA. 5. CITY SUPERINTENDENT OF POLICE, PATNA. 6. OFFICER-IN-CHARGE, BUDHA COLONY POLICE STATION, PATNA. --- RESPONDENTS. ----------- 3/ 27-04-2009 This writ application has been filed for direction to the respondents to register an F.I.R. for the occurrence dated 25.12.2006/26.12.2006, the date on which son of the petitioner died and also for direction to the respondents to investigate the occurrence as alleged in the above said F.I.R. Son of the petitioner died on 25.12.2006/ 26.12.2006 under mysterious circumstances. It is stated that news in this regard were flashed in various newspapers on 26.12.2006 but till date no F.I.R. has been registered. The grievance of the petitioner is that more than two years have elapsed but the police are not able to arrest the accused persons. It is also stated that on the basis of the postmortem report viscera of petitioner’s son has been preserved but till today no viscera report has been - 2 - submitted by the concerned authorities. In this Court it is submitted that F.I.R. was also registered as P.S.Case No. 155 of 2008 in Budha Colony police station for offences punishable under sections 328, 302 read with section 34 of the I.P.C. I am of the opinion that no proper investigation is being conducted as it is the case of 2006. In this circumstances I direct the 2nd respondent to go through the investigation so far occurrence and see that the investigation is conducted properly and if need the matter be entrusted to the Senior Officer of C.B.I. (LD) for proper investigation. Report regarding progress of investigation must be submitted before the concerned court at the end of every month. If there is any irregularity in the investigation, the petitioner is at liberty to approach the matter before the concerned criminal court pointing out the irregularities in the case. BTiwary/ ( J. B. Koshy, CJ )