IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1104 of 2007 RITA KUMARI Versus THE STATE OF BIHAR & ORS 4 19.11.2008 In the instant writ petition the petitioner seeks a direction to the concerned respondent authorities to investigate the case of Kishanganj P.S.Case No.243-244 of 2007 dated 15.10.2007 for an offence under sections 341, 342, 323, 325, 307/34 and 120B of the Penal Code and section 25(1-B), 26/35 of the Arms Act. The petitioner is the sister of one Rajesh Kumar Sah who was killed. It appears that one Dilip Kumar Jaiswal informed the police on telephone that the villagers have caught one accused with pistol and they are assaulting him. On receiving such information the police made station diary entry and proceeded to the spot and found that one person was brutally assaulted and blood was oozing from his wound. The name of the injured was Rajesh Kumar Sah. On search being made a pistol was recovered from his possession. The police as such had instituted a case being Kishanganj P.S.Case No.243 of 2007 dated 15.10.2007 under the Arms Act. It further appears that another case was lodged by the same informant against unknown for having brutally assaulted and attempted on the life of the injured being Kishanganj P.S. Case No.244 of 2007 dated 15.10.2007 under section 307 of the Penal Code. The injured subsequently succumbed to the injuries. The petitioner was of the view that proper information was not given to the police and Dilip Kumar Jaiswal in fact gave wrong information to mislead the police. The petitioner filed a complaint case bearing 1573C)/2007 dated 31.10.2007 under section 302 of the Penal Code which - 2 - KHAN was forwarded to the police under section 156(3) Cr.P.C. Learned counsel for the petitioner submits that the police is not properly investigating the aforesaid case and has not even recorded her statement under section 164 Cr.P.C. Learned counsel for the State by referring to paragraphs 6 and of the counter affidavit has stated that the brother of the petitioner was an accused for quite a number of cases and public had assaulted his brother. It has further stated in paragraph 9 of the counter affidavit that Director General of Police had ordered for C.I.D. enquiry in both the cases being Kishanganj P.S.Case No.243 of 2007 and Kishanganj P.S.Case no.244 of 2007. It has further been stated in paragraph 13 of the counter affidavit that the petitioner had also filed a petition for withdrawal of the case on 28.11.2007. Learned counsel for the petitioner submits that the aforesaid petition was filed under coercion at the instance of aforesaid Dilip Kumar Jaiswal. He further submits that although the Director General of Police had ordered for C.I.D. enquiry in both the cases but the same has yet been started. Having heard counsel for the parties, this court is of the view that the police would complete the investigation of the case filed by the petitioner fairly in accordance with law and will record her statement under section 164 Cr.P.C. , if the same has not been done. It is hoped and expected that the C.I.D. would conclude both the cases promptly and in accordance with law. (S.P.Singh,J) - 3 -