IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.562 of 2009 Ram Kumar, son of Late Ram Bharos Sharma, resident of village Kamalpur (Braham Tola) P.S. Paroo in the district of Muzaffarpur ………….. Petitioner. Versus 1.The State Of Bihar 2.The Superintendent of Police, Muzaffarpur 3.The Officer Incharge, Paroo Police Station in the district of Muzaffarpur 4.Vijay Shankar Sharma { Both sons of 5. Uday Shankar Sharma { Ramdip Sharma} 6.Bipul Kumar, son of Vijay Shankar Sharma, All residents of village Kamalpur (Braham Tola) P.S. Paroo in the district of Muzaffarpur ……….. Respondents ----------- 2. 25/03/2010 Petitioner has filed this writ application for a direction to the respondents to take steps in connection with Paroo P.S.Case No.211 of 2002, and after proper investigation, arrest the accused persons, namely, respondent nos.4 to 6. It is submitted in the petition that earlier partial chargesheet was submitted against one of the accused persons and investigation in respect of respondent nos.4 to 6 remained pending. Since police was not proceeding with the investigation, this writ application was filed. A counter affidavit has been filed on behalf of respondent no.2. With the counter affidavit, final report has been annexed as Annexure-D, from which it appears that in respect of respondent nos.4 and 6 also police completed - 2 - investigation and submitted final form not finding the case true against them. Learned counsel for the petitioner submits that in view of unsatisfactory investigation the father of the petitioner had already filed a protest petition in the court below which remained pending since investigation was going on. Now that it has come on record that investigation has been completed and final form has been submitted in which case against respondent nos.4 to 6 has not been found true, the court below is legally bound to treat the protest petition as complaint against them under section 210 Cr.P.C. and proceed with the enquiry in accordance with law. Petitioner, who is son of the original complainant, who has since died during the pendency of the case, shall produce a copy of this order before the court concerned for proceeding in the matter in accordance with law by substituting this petitioner in place of original complainant. With the aforesaid observations and directions, this writ application is disposed of. Pradeep/ (J. N. Singh, J.) - 3 -