IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.783 of 2009 SUDHIR KUMAR, DIGHI KALAN, SADAR HAJIPUR Versus 1. STATE OF BIHAR THROUGH HOME SECRETARY, GOVT. OF BIHAR 2. DGP, GOVT. OF BIHAR 3. SP, VAISHALI 4. DY.S.P.VAISHALI 5. OFFICER IN CHARGE, SADAR POLICE STATION 6. OFFICER IN CHARGE, TOWN POLICE STATION, HAJIPUR ----------- 2 01.07.2010. Heard learned counsel for the parties. The petitioner has come to this Court for commanding respondent no.5, Officer-in-charge, Sadar Police Station , Hajipur to register FIR on the basis of the fard beyan given by his son, namely, Gulab Kumar alias Mani Bhushan Kumar to the Town Police Station Hajipur in the Sadar Hospital, Hajipur on 10.9. 2009 at about 9.30 PM. The petitioner further prays for an enquiry into the implication of his relatives in false case being Vaishali Sadar Police Station case no. 343 of 2009 and arrest of a non- accused in place of another person, who is named in the FIR, by manipulation. The petitioner submits that when his son was assaulted by one Lallan Singh @ Lallan Rasi and others, his Fard beyan had been taken by local police of Town Police Station at 9.30 pm on 10.9.2009, during treatment and the same had also been sent to Sadar Police Station for registering the same as FIR. On the other hand, the accused persons anyhow managed to registrar counter case before Sadar Police Station, being Sadar Hajipr Police Station case no. 343 of 2009 dated 11.9.2009. A counter affidavit has been filed stating that on the fard beyan of petitioner’s son, Sadar police case No. 380 of 2009, dated 7.10.2009 has - 2 - already been registered under sections 341,323,379,307/34 I.P.C. This case has been properly investigated and supervised by the inspector of Police, Sadar Police Station and the same has been found to be false and not true. The petitioner submits that the IO has completed investigation in the most tardy and callous manner and submitted final report in favour of the accused persons, though there were specific allegation against them. It appears that the fard beyan of petitioner’s son had been recorded in hospital, by local police on 10.09.2009, but the same was apparently lodged on 7.10.2009, being Sadar Hajipr Police Station case no. 380 of 2009. However, counter version of occurrence was lodged in no time. At this stage, when final report has been submitted, this Court observes that the petitioner, if aggrieved, may file a protest cum complaint petition in the instant case and pursue his remedy. Simultaneously, it will also be open to him to bring all these facts regarding alleged one side leaning of the IO to the notice of D.I.G., Muzaffarpur Range. In case such application is filed before the D.I.G., Muzaffarpur Range, he will look into the matter, and if necessary, take appropriate steps in the matter. This court has not expressed any opinion on the merits of the case. This writ petition is disposed of. Let a copy of this order be handed over to the State counsel. Shashi. (Samarendra Pratap Singh,J.)