IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.37860 OF 2009 KITAB ANSARI, SON OF SONAL ANSARI, RESIDENT OF VILLAGE BETABANWA, POLICE STATION MANNA POD, DISTRICT WEST CHAMPARAN VERSUS 1. THE STATE OF BIHAR 2. ASIK ANSARI, SON OF LATE MAUJI ANSARI 3. HAZART ANSARI, SON OF ASIK ANSARI 4. MAHAMMDUL ANSARI, SON OF ASIK ANSARI 5. MANSOR ANSARI, SON OF ASIK ANSARI 2-5 ARE RESIDENT OF VILLAGE GARWALIYA, POLICE STATION MANUA POOL, DISTRICT WEST CHAMPARAN …………………………………………………………………..OPPOSITE PARTIES ********* FOR THE PETITIONER :- MR. ARVIND KUMAR SHARMA, ADVOCATE 2 29/10/2009 This Court is surprised at the order passed by the Additional Sessions Judge, Fast Track Court No. IV, West Champaran, Bettiah by which the Court below has rejected the informant’s prayer to examine the Investigating Officer of Manuapul Police Station Case No. 116 of 2007 on the ground that the petition for examination of the Investigating Officer has been filed by the informant of the case. True it is that the criminal cases are conducted by the State of Bihar, but the informant is an essential and necessary party in these cases, inasmuch, as the informant is the person who is aggrieved in a criminal case. From the order dated 02.07.2009, it appears that D.O. letter was issued to the Investigating Officer and the doctor in this case. The order sheet thereafter 2 does not indicate whether the said letter was served on the Investigating Officer or the Office of the Superintendent of Police was informed regarding the necessity of the presence of the Investigating Officer for examination. Without taking any steps for issuance of bailable or non-bailable warrant of arrest and finding out whether the Investigating Officer is available for examination, the Court has rejected the application of the informant. No reason has been assigned by the Court below for rejecting the application of the informant by stating that the examination of the Investigating Officer is not essential in the facts of the present case. I accordingly direct that Additional Sessions Judge, Fast Track Court No. IV, West Champaran, Bettiah should immediately take steps to ensure that the Investigating Officer of Manuapul Police Station Case No. 116 of 2007 (Sessions Trial No. 101 of 2008) is examined in this case. In the cases arising out of First Information Report, it is usually necessary to examine the Investigating Officer for the reason that the Investigating Officer is the person who has conducted the investigation of the case. The whole case proceeds after investigation is made and charge sheet is submitted by the Investigating Officer and as such I think the 3 Investigating Officer is an important and essential witness in a case. Accordingly, this application is disposed of with the aforesaid observations and directions. Let this order be communicated to the Court of Additional Sessions Judge, Fast Track Court No. IV, West Champaran, Bettiah through fax at the cost of the petitioner. Anand ( Sheema Ali Khan, J.)