IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.989 of 2007 PREMCHANDRA SINGH Versus STATE OF BIHAR & ORS ----------- 4 19.11.2008. Heard learned counsel for the parties. The petitioner has come to this court for a direction to the Superior police officer for conducting fair investigation in Bairgania ps case ns 127 and 128 of 2007 arising out of same occurrence of theft of idol. It is submitted by the petitioner that two valuable idols worth Rs.4-5 lacs of Patahi village under Bairgania Police station were stolen. Villagers learnt that one Rakesh Sharma has stolen the idols. Petitioner submitted that the said Rakesh Sharma admitted that he had kept the same in the house of his mother in law, he subsequently tried to detract from his statement which made the villagers infuriated. Thereafter, they began to assault him. The petitioner who is a Sarpanch gave information to the police station time and again from his mobile phone with request to rush to the place of occurrence immediately; otherwise there is threat to the life of Rakesh Sharma at the hands of the irate mob but the police did not turn up resulting into spot death of the injured on account of assault made by the villagers. Father of the deceased lodged Bairgania ps case no. 127 of 2007 under sections 302/34 I.P.C. against the petitioner, most of his family members and others. It is submitted on behalf of the petitioner that despite his repeated information and request regarding the continuing occurrence, - 2 - police maintained slackness in taking into custody the alleged theft accused. He further submits that had the police intervened in time, assault by the villagers leading to death would have been averted. Furthermore, petitioner requisitioned for details of phone details between him and the police station, even under the provisions of the RTI, nothing was furnished to him. It is also submitted that the police in collusion are shielding the real accused persons and implicating the petitioner and others. It is submitted on behalf of the State that on the hints of a Local Ojha, accused persons caught hold of Rakesh Shama and assaulted him to death. Having heard the parties, this court is of the opinion that the petitioner may file a representation before the I.G., Muzaffarpur Range within a period of six weeks from today, who in turn, examine the facts of cases and pass appropriate order for re-investigation of the cases, if needed at all, otherwise he may reject the same. The writ petition stands disposed of. Shashi. (S.P.Singh,J)