IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.862 of 2009 Janardan Choudhary, son of Late Vishwanath Choudhary, R/O Shio Bazar, P.S. Bhagwan Bazar, District-Saran (Chapra) ………………………………………Petitioner. Versus 1. The State of Bihar, through Secretary, Home Department, Patna (Bihar). 2. The District Magistrate-cum-Collector, Saran at Chapra, District-Saran (Chapra) 3. The Superintendent of Police, Saran at Chapra, District- Saran at Chapra. 4. The Dy. S.P. (Sadar) Saran at Chapra, District- Saran at Chapra. 5. The Officer-in-Charge, Police Station, Bhagwan Bazar ( B. Bazar) District- Saran at Chapra. 6. Shri Bhagwan Ram, son of Ram Narayan Ram, at present R/o Lal Kothi, Sonepur, P.S. Sonepur, District- Saran at Chapra. 7. Raj Kumar Paswan @ Bigu Paswan, son of Sitaram Manjhi, R/o Ram Nagar, Siyermarwa Tola, P.S. Chapra Mufassil, District- Saran at Chapra. 8. Bihari Choudhary, son of unknown. 9. Birendra choudhary, son of unknown, Both R/o Mohalla-Gudaree Baharee More, behind State Bank, Saran, Chapra. 10. Bijalee Mahto, son of Bhikhari Mahto, resident of Village- Ram Nagar Shio Tola, P.S. Chapra Muffasil, District-Saran. …………Respondents. ----------- 9. 15. 03. 2011. Heard the parties. On hearing the parties and going through the counter affidavit filed on behalf of the respondent nos. 3 to 5, it is found that one Santosh Choudhary son of Bihari Choudhary had registered a case with Bhagwan Bazar Police Station as Case No. 50/2008, registered under Sections 323, 324, 341, 326 and 379/34 of the Indian Penal Code against Saroj Choudhary, son of the petitioner 2 who was allegedly abducted by the accused persons. The complaint case filed by the petitioner has lead to registration of Bhagwan Bazar P.S. Case No. 76 of 2009. According to the respondents-authorities, the Police did not find the case of the petitioner to be true and accordingly Investigating Officer has ordered to submit Final Report showing insufficient evidence whereas the case filed by Santosh Choudhary has been found true by the Police after investigation. Learned counsel for the petitioner wanted this Court to look into the merits of the case filed by the petitioner so that we may hold his case true and pass orders for the purpose of recovery of alleged victim, Saroj Choudhary son of the informant. In our considered opinion, in the facts and circumstances of the case, it would not be proper for this Court to give any finding either in favour or against the petitioner because the petitioner has statutory remedy available against opinion of the Police and he can opt for filing protest petition or to pursue the original complaint case before the concerned Magistrate in accordance with law. 3 Hence, without going into the merit of the case, this writ petition is finally disposed of with a liberty to the petitioner that if so advised, he may place all the relevant materials before the Magistrate and seek appropriate orders as per law. m.p. (Shiva Kirti Singh, J.) (Gopal Prasad, J.)