IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.568 OF 2009 ADITYA SHANKAR, SON OF LATE MAYA SHANKAR, PERMANENT, RESIDENT OF NEW GODOWN PAHSI LANE, GAGAY, POLICE STATION KOTWALI, DISTRICT GAYA, AT PRESENT RESIDING AT JHUN JHUN MAHAL, NEW YARPUR, POLICE STATION GARDANIBAGH, DISTRICT PATNA…………….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, GAYA 3. SUPERINTENDENT OF POLICE, GAYA 4. S.D.O. SADAR, GAYA 5. FORMER OFFICER-IN-CHARE, SURJU SHARMA, POLICE STATION KOTWALI, DISTRICT GAYA 6. PRESENT OFFICER-IN-CHARGE, POLICE STATION KOTWALI, DISTRICT GAYA 7. D.G.P. BIHAR, OLD SECRETARIAT, GAYA 8. DANI SHANKAR, SON OF LATE MAYA SHANKAR (BROTHER OF PETITIONER), RESIDING AT NEW GODOWN, PAHASI, GAYA, POLICE STATION KOTWALI, DISTRICT GAYA….......................RESPONDENTS ------- 2. 30.03.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner’s prayer in this writ application is three fold, namely, (i) to arrest respondent no.8, (ii) to direct the court concerned to conclude the proceeding under section 107 of the Code of Criminal Procedure pending since 2008 and (iii) to direct the respondents to provide security to life and property of the petitioner and his son. So far as first relief is concerned, it is admitted that no substantive case has - 2 - been instituted either before the concerned police or in the court alleging any cognizable offence committed by respondent no.8. Obviously without substantive case against respondent no.8, he cannot be arrested. So far as second relief is concerned, a proceeding under Section 107 of the Cr.P.C. was initiated in 2008 before the learned Sub-divisional Magistrate, Sadar, Gaya. It goes without saying that the proceeding has to take its own course and is required to be concluded at an early date, if not already concluded. Sub-Divisional Magistrate, Sadar, Gaya will look into the matter and take appropriate steps in accordance with law. So far as third relief is concerned, petitioner is ready to pay cost of providing security to him by the administration. In the circumstances, petitioner will file an application before the Superintendent of Police, Gaya for providing him security on payment of cost, as may be assessed by the authorities for the purpose. If such an application is filed by the petitioner within two weeks, the Superintendent of Police, - 3 - Gaya shall consider the same and enquire about the matter. If upon enquiry, it is found that petitioner’s apprehension is genuine, he shall pass appropriate orders in accordance with law on his application on such terms and conditions as he may fix for the same. The writ application is disposed of with the aforesaid observations and directions. B.T (J. N. Singh, J.)