IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1163 of 2008 SHIV NATH PRASAD Versus THE STATE OF BIHAR & ORS ----------- 3. 01.07.2009 The petitioner was informant of Marhaura P.S. Case No. 24 of 2008 under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner’s grievance is that investigation of the case is not being done properly and he has also prayed for a direction to change the I.O and supervision of the case by the higher police officer. Vide this court’s order dated 20.3.2009, the respondent no.2 Director General and Inspector General of Police was directed to look into the matter and submit a detailed counter affidavit stating as to why delay has been caused in the investigation of the case. Counter affidavit dated 9.4.2009 has been filed. Annexure-B to the counter affidavit is the supervision note dated 14.3.2008 of the Sub-divisional Officer, Marhaura. The supervision note mentions the statement of several witnesses as recorded by the supervising authority and it also mentions about inspection of place of occurrence. The supervising authority has come to a conclusion that the two accused under F.I.R. have been falsely implicated and that the deceased, who was an - 2 - employee in the electricity department was killed by other persons including his family members for getting compassionate appointment and pensionery benefits as well as L.I.C. benefits to the deceased. In the counter affidavit, it is also submitted on behalf of the respondents that in this case the investigation is substantially complete and after other formalities, final form is going to be submitted. The learned counsel for the State- respondent also submits that in this case final form reporting the case not true is going to be submitted. Further submission is that the petitioner has every opportunity of filing a protest petition and pursuing his case under a complaint procedure on the basis of protest petition, if he is aggrieved against the final form submitted by the I.O. In such view of the matters, nothing remains to be decided in the case. The application is accordingly disposed of. (C.M. Prasad, J.) Ravi/-