IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.341 of 2009 GAUTAM MISHRA Versus THE STATE OF BIHAR & ORS ----------- 5 14.07.2010. Heard learned counsel for the parties. The petitioner, who was posted as Nazir in Circle office, Kalyanpur, Samastipur and theft of Rs. 2,31,074/- was committed by breaking lock of box of Nazarat, has come to this Court for quashing memo no. 549 dated 31.1.2009, issued by the Superintendent of Police, Samastipur directing the I.O. to submit charge sheet against the petitioner in kalyanpur Police Station case no. 111 of 2003 dated 15.8.2003 instituted for offences under sections 461,379 of the I.P.C. as the investigation of aforesaid case has already been handed over to the CID. Learned counsel for the petitioner submits that as investigation of aforesaid case was not carried out properly, the same was handed over to the CID and police ought not to have submitted charge sheet, when the matter was pending investigation before the CID. It appears that cognizance has also been taken in the instant case. The writ petition is disposed of with observation that in case CID comes with new material, it can file additional charge sheet on the basis of the same. Shashi. (Samarendra Pratap Singh,J).