IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1011 of 2011 Shambhu Nath Mishra Versus The State Of Bihar & Ors ---------------------------------- 2/ 08/12/2011 Heard learned counsel for the petitioners as well as learned AC to AAG-5. There happens to be fair submission on behalf of the petitioners stating that the I.O. of the Phulwaria P.S. Case No. 36/2010 be directed to conduct impartial and proper investigation and submit its report as early as possible in accordance with Section 173 of the Cr.P.C. because of the fact that more than a year has elapsed and nothing has been done at the end of investigating authority. It has further been submitted that during the midst thereof, the accused surrendered before the learned lower court and as per Annexure-3, it is evident that they were let off on bail which was to be effective till the date of submission of police report. It has further been submitted that that happens to be reason behind that the I.O has been taken control of by the accused and at whose behest submission of police report is being delayed so that accused be able to avail the aforesaid privilege. Learned AC to AAG-5 submitted that he is to 2 take proper instruction to file counter affidavit. There is no question of filing any counter affidavit because of the fact that there has not been any kind of castigation at the end of petitioner who happens to be informant himself. Rather, his simple prayer, which is recognized under law and further is to be accepted at the hands of I.O., to have impartial and speedy investigation. Therefore, the I.O. of Phulwaria P.S. Case No. 36/2010 is so directed. The Superintendent of Police, Gopalganj is further directed to see that there happens to be speedy investigation. To have the order effectively complied with, a copy of order be handed over to AC to AAG-5. With the aforesaid observation, the instant writ petition is disposed of. perwez (Aditya Kumar Trivedi,J.) 3