IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.563 of 2007 KAMLESH RAI Versus THE STATE OF BIHAR & ORS ----------- 3 02.9.2008 Heard learned counsel for the parties. The petitioner has come to this court for quashing the FIR and the investigation of Bibhutipur PS case no. 139 of 2006, GR Case no. 541 of 2006 registered against him and two others for offences under sections 364, 323 and 34 of the I.P.C. and to conduct a fair investigation by an independent agency on the ground that police did not register his case in the same connected occurrence even when the learned ACJM, Rosera had forwarded to register the FIR on his complaint against informant’s son who had committed theft of batteries from his shop rather it lodged the instant case on 29.8.2006, forwarded it to the learned ACJM on 30.8.2006 and got warrant of the court on 31.8.2006 against him under the provision of section 70 Cr.P. C. This court is of the view that the petitioner should file a separate application as far as his grievance in respect of issuance of warrant just on the 3rd day of the lodging of the FIR is concerned. Regarding fair investigation by an independent agency, the petitioner is at liberty to represent before the superior police officer who would examine petitioner’s grievance. The prayer for quashing the FIR is rejected. The writ petition thus stands disposed of. Shashi. (S.P.Singh,J)