IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.791 of 2010 MINA DEVI Versus STATE OF BIHAR & ORS ----------- 2 09.02.2011 Heard learned counsels for the petitioner and the State. The grievance of the petitioner is that Saraiya P.S. Case No. 207 of 2009 was not properly investigation and police submitted the charge sheet ignoring the substantial offence under section 302 of the Indian Penal Code committed by the accused persons. It is further submitted that for dereliction of duty on the part of the Investigating Officer calls for disciplinary action against him. Learned counsel for the State submits that so far the investigation is concerned, charge sheet has been submitted on basis of the materials collected during investigation. As regards the disciplinary action, it is submitted that it is for the disciplinary authority of the concerned Investigating Officer to consider this aspect of the matter. Considering the submissions of the parties, this Court is not inclined to interfere into the matter. However, it will be open for the petitioner to raise all his contentions and rights available to him at the appropriate stage during the trial of the case. It will also be open for him to bring it to the notice of the higher police officials with regard to the fact that the case was not properly investigation. In case such steps are taken, the same may be considered in accordance with law. The writ application stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)