IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1097 of 2008 SHATRUGHAN KUMAR SINGH @ SHATRUGHAN PD.SINGH Versus STATE OF BIHAR & ORS ----------- 4 19.08.2009 Petitioner’ prayer is for expeditious investigation and arrest of accused persons in Bhagwanpur P.S. Case no.94 of 2005 u/s 307/34 IPC and 27 of the Arms Act. Petitioner’s case is that while he was at his shop, three accused, who are named in the FIR came there and resorted to indiscriminate firing causing injury to the petitioner. Petitioner’s further case is that after commission of the offence, the accused persons are openly moving in the village and the police authorities are not arresting them. Petitioner’s case is also that he filed a petition before the Hon’ble Chief Minister, Bihar in Janta Darwar stating that he also filed a petition before the Superintendent of Police, but no action was taken . Counter affidavit has been filed by the State respondents wherein it has been stated that warrant was issued against the accused persons, but since they absconded, they could not be arrested, hence process under Section 82 and 83 Cr.P.C. was also issued against them. It is also stated that the process u/s 82 & 83 Cr.P.C. as issued against the accused persons has been executed and their properties have been attached. The execution report is annexed as Annexure-A to the counter affidavit. Learned counsel for the petitioner submits that, no doubt, process for attachment has been executed but the accused persons are still moving in the village freely. In the counter affidavit it has been stated that the petitioner did not approach the Superintendent of Police by filing petition about threat on petitioner’s life and property and non-arrest of accused persons by the Police. In the facts and circumstances as aforesaid, presently I do not find any scope for giving any direction to the State Respondents for taking any specific action for protection of life and property of petitioner. However, petitioner, if he so likes, may appear before the Superintendent of Police and file a petition stating his grievances about delay in investigation and non-arrest of the accused persons and for providing protection to his life and property and on such application, if filed by the petitioner, the Superintendent of Police will take action as deemed proper. This application is accordingly disposed of. Jay/ (C.M. Prasad,J)