IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.868 of 2007 SATYENDRA OJHA Versus THE STATE OF BIHAR & ORS ----------- 4 2.3.2009 Heard counsel for the petitioner and the State. The petitioner is the brother of the deceased Samarendra Ojha. It is alleged that on 8.9.2006 three persons namely Sanjay Prasad (Mukhiya), Awadhesh Mahto and Manoj Mahto came to his residence and took away his brother along with them. Later the dead body of his brother was found next day in the near by maize field. Learned counsel for the petitioner submits that the police conducted investigation in a most undesired manner and submitted final report not sending up the named accused for trial. He further submits that there is difference between inquest report and the post mortem report. A counter affidavit has been filed on behalf of the State wherein in paragraph 6 it has been stated that no independent witness has supported the version of the informant inasmuch as the wife of the deceased namely Poonam Kumari whose statement has been recorded in paragraph 32 of the case diary had stated that her husband was drinker and was of abnormal mind and used to assault her time and again. It appears from Annexure-10 to the writ petition that Poonam Kumari has filed an affidavit supporting the prosecution case. Having heard learned counsel for the parties, this court is of the view that if the petitioner in any way is aggrieved by the - 2 - KHAN investigation, he can pursue his protest cum complaint petition before the learned Magistrate. It would be further open to the petitioner to file a representation raising his grievance before the D.I.G. Saran Range, Chapra. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)