IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.576 of 2009 ASHOK KUMAR SHARMA, SON OF RAM NAGINA SHARMA, RESIDENT OF VILLAGE KATAYAN BANARSI TOLA, BIHIYAN, P.S. BIHIYAN, DISTRICT BHOJPUR …………………………………………………….….PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 2. THE SUPERINTENDENT OF POLICE, BHOJPUR, ARRAH 3. DY.S.P. BHOJPUR, ARRAH 4. THE OFFICER-IN-CHARGE POLICE STATION BIHIYAN, DISTRICT BHOJPUR, ARRAH 5. NIRMAL KUMAR KESHARI, SON OF LATE BIHARI RAM KESHRI 6. AWADHESH KISHRI, SON OF BISHWANATH KESHRI, NOS. 5 AND 6 BOTH RESIDENTS OF KATAYA BANARSI TOLA, P.S. BIHIYAN, DISTRICT BHOJPUR, ARRAH 7. KASHINATH KESHRI, SON OF BIHARI RAM KESHRI 8. RAGHAV PRASAD KESHRI @ TUN-TUN KESHRI, SON OF LAL BABU KESHRI, NO. 7 AND 8 BOTH RESIDENTS OF VILLAGE KATAYAN BANARSI TOLA, P.S. BIHIYAN, DISTRICT BHOJPUR 9. MUNNA KESHRI, SON OF RAMESHWAR KESHRI, RESIDENT OF VILLAGE PANDEYPUR, P.S. BRAHAMPUR, DISTRICT BHOJPUR, ARRAH………………………………………………..……RESPONDENTS ----------- 2. 30.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that the police has submitted final report finding the case true against some of the accused persons and exonerating other accused persons although sufficient evidence has come against them during investigation. He submits that persons, who were not sent up for trial, - 2 - have filed petition for discharge and their petition has been allowed against which petitioner has filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure in this Court. Prayer in this application is for direction to the respondents for re-investigation of the case i.e. Bihiyan P.S. Case No.67 of 2008 by the C.I.D. or Central Bureau of Investigation. It is also admitted that the petitioner has already filed a protest petition which is pending before the court below. In the circumstances, this Court is not inclined to consider the prayer of the petitioner. Petitioner will be at liberty to proceed in the matter in accordance with law either before the court below or may proceed with his application filed in this Court under Section 482 of the Cr.P.C. The writ application is disposed of. B.T (J. N. Singh, J.)