IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1143 of 2008 RITA DEVI W/o Late Nagendra Singh, R/o village Sinha P.S.Krishnanagar Barahara, District Bhojpur, State -Bihar, Prsently residing at Singh Colony Mirganj, Ara P.S.Town Thana, District Bhojpur, State –Ara, …Petitioner. Versus 1. The State of Bihar . 2.The Director General of police, Bihar, Patna. 3.The Superintendent of police, Bhojpur, Ara. 4.The Officer in-charge, Town Thana Police Station, Ara, Bhojpur………………..Respondents. ----------- 3 25.03.2009 This application has been filed with a prayer to direct for arrest of accused Beni Madhav Singh under Ara Town P.S.Case No. 230 of 2007 under Section 302 IPC and 27 of the Arms Act. It is also prayed that a direction be made to the I.O. for recording statement of witnesses and to provide security to the petitioner who happens to be the informant of the case, making some allegation of collusion of the I.O. with the accused. A further prayer is also made for direction to some other personnel to make investigation of the case. Vide Annexure-1 which is statement of Abhimanyu Kumar, the son of the deceased it was stated that on the date of occurrence i.e. 17thSeptember 2007 deceased Nagendra Prasad Singh was cleaning his pistol for Pooja on the eve of Vishwakarma-Pooja and in course of that the pistol suddenly fired and the deceased was shot at his head and he was brought to Military Hospital, Danapur but he was declared there dead. On the basis of that statement, a U.D.Case was registered. Subsequently it so happened that on 19th November 2007 the petitioner, the wife of deceased filed a written report before the Officer In-charge of the Police Station wherein she claims to be the - 2 - eye witness naming the accused Beni Madhav Singh as assailant to the deceased. On the basis of that statement, Ara Town P.S.Case No. 230 of 2007 under Section 302 IPC and 27 Arms act was registered against accused Beni Madhav Singh. Accused Beni Madhav Singh is said to be full brother of the deceased and the allegation leveled against him by the petitioner is that due to dispute regarding partition the deceased was killed at the hands of accused Beni Madhav Singh. In the petition, the petitioner has stated that the investigation is not being made fairly and impartially and, therefore, prayer has been made for a direction for recording statement of witnesses and also for transfer of investigation to other agency. The respondent State has filed counter affidavit wherein it is stated that the witnesses were examined in this case and after conclusion of investigation, Final Form No. 34 of 2009 dated 12th February 2009 showing ‘mistake of fact’ has been submitted in this case. It is submitted on behalf of respondents that the investigation was fairly done and on consideration of all the materials, Final Form ‘mistake of fact’ has already been submitted. Learned counsel for the petitioner raised some points that the investigation was not properly done. It is admitted by the petitioner’s counsel that a protest petition (Annexurfe-5) has been filed in this case. Under the provisions of law, in such cases, when Final Form is submitted and there is a protest petition on record, the protest petition has to be treated as a complaint under Section 200 Cr.P.C. In this case, the petitioner has all kinds of legal remedy - 3 - available to her by examining herself as complaint before the Chief Judicial Magistrate and also to produce some witnesses with regard to the occurrence. Petitioner can also raise questions regarding the investigation and make prayer before the Chief judicial Magistrate for further investigation, if permissible under law. Thus, there being legal remedy already available to the petitioner before the learned Chief Judicial Magistrate, there is no occasion for this Court to pass any order at this stage. This application is, accordingly, disposed of. Jay/- ( C.M.Prasad,J)