IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.606 of 2007 COL.(RETIRED) BIJAY KANT JHA Versus THE STATE OF BIHAR & ORS ----------- 6 16.9.2008 Heard learned counsel for the petitioner and the State. The petitioner who is a retired Col. seeks a direction to the respondents to arrest the accused persons as they have been let off by the police. The case of the petitioner in short is that his son was duped by his brother and others who have misappropriated his brick kiln and huge amount of money. When the petitioner after retirement came to learn about the ill design of his brother and others he instituted a case against the accused persons bearing Ghanshyampur P.S. Case No.135 of 2005 under sections 406, 420, 468, 504, 506 and 120B of the Penal Code. It is further case of the petitioner that the first and the second Investigating Officer did not conduct the case fairly and as such they were recalled by the then Superintendent of Police, Darbhanga. It is further case of the petitioner that even respondent no.7 in collusion with the accused persons submitted final report. However, the aforesaid report was not accepted by the S.D.J.M., Biraul and by order dated 30.1.2008 directed the respondent no.7 to further investigate the case and to collect relevant documents. Thereafter, the matter was supervised at the level of the D.I.G. Darbhanga Range. Darbhanga. Learned counsel for the petitioner submits that the D.I.G. after examining the materials on record found that the investigation of the case has not been done properly and as such he directed the - 2 - Superintendent of Police, Darbhanga to have the aforesaid case investigated afresh. The grievance of the petitioner is that despite direction of the D.I.G. dated 16.2.2008 (Annexure-16) the case has not been investigated afresh. Learned counsel for the State submits that a counter affidavit has been filed on 1.10.2007 and he is not aware of the latest position as the reply to the counter affidavit has been served upon him today itself. Learned counsel for the petitioner submits that the accused persons have attempted on his life, for which he filed a written report and only after lot of persuasion and at the behest of highest functionary, a F.I.R. being Ghanshyampur P.S. Case No.12 of 2008 was registered against the accused persons under sections 341, 504/34 of the Penal Code and section 27 of the Arms Act. He further submits that he has threat of his life and property. Having heard learned counsel for the parties, this court finds that the D.I.G., Darbhanga Range, Darbhanga after considering the materials on record has come to a finding that the case requires further investigation and as such he directed the Superintendent of Police, Darbhanga to have further investigation. In the circumstances, the Superintendent of Police, Darbhanga is directed to ensure compliance of the order of the D.I.G., Darbhanga Range, Darbhanga within three months from the date of receipt/production of a copy of this order. - 3 - KHAN So far as threat of life and property of the petitioner is concerned, it would be open to him to file a representation before the District Administration to provide adequate security for protection of his life and property, which in turn will examine the same. If the petitioner is aggrieved by the order, he may file appropriate application before the appropriate forum. With the aforesaid observations and directions, this writ petition stands disposed of. Let a copy of this order be handed over to the JC to AAG 8 for onward communication. (S.P.Singh,J)