IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1169 of 2008 GUDDU MISTRI, SON OF MAHESH MISTRI, RESIDENT OF VILLAGE IMADPUR, P.S. – KHUDAGANJ, DISTT. – NALANDA. ........................ PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF HOME (POLICE) GOVT. OF BIHAR, PATNA 3. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 4. THE INSPECTOR GENERAL OF POLICE, PATNA RANGE, PATNA 5. THE DEPUTY INSPECTOR GENERAL OF POLICE, PATNA RANGE, PATNA. 6. THE SUPERINTENDENT OF POLICE, NALANDA AT BIHARSHARIF. 7. THE DEPUTY SUPERINTENDENT OF POLICE, HILSA, NALANDA. 8. THE OFFICER-IN-CHARGE OF KHODAGANJ POLICE STATION, DISTRICT NALANDA AT BIHARSHARIF ............................ RESPONDENTS ----------- 2 25.03.2009 The petitioner was informant under Khudaganj (Nalanda) P.S. Case No. 45 of 2008 under Sections 448, 341, 323, 504/34 of the Indian Penal Code against four persons named therein and three unknown. The grievance of the petitioner in this writ petition is that the I.O is not making proper investigation and he is not recording the statement of prosecution witnesses. Therefore, a prayer has been made for a direction for recording statement of witnesses and conducting a fair investigation. The petitioner has himself filed Annexure -5 which shows that a final form in the shape of charge-sheet against three accused namely, Santosh Mistri, Dasrath Mistri and Abdesh Mistri has been submitted for offences under Sections 448, 341, 323, and 504/34 of the Indian Penal Code. It goes to show that and on examination of - 2 - witnesses investigation was completed and charge sheet has been submitted. Learned counsel for the petitioner submits that in this case the I.O. did not record the statement of the informant Guddu Mistri as well as Mahesh Mistri and Pyari Devi. All of them had received injury in the occurrence but they have not been mentioned as witnesses in the charge sheet. Learned counsel for the respondent replies that Section 311 of the Code of Criminal Procedure provides that the trial court can examine any witness at any stage of enquiry or trial. It is submitted that the petitioner can make prayer before the trial court for examining those witnesses and the trial court can take decision for examining those witnesses if found fit for such purpose. In such view of the matter, when the petitioner can get his grievance redressed before the trial court, there is no need for passing any such order in this petition. Accordingly, this writ petition is disposed of. Kundan (C. M. Prasad, J.)