IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1212 of 2008 KRISHNA PRASAD Versus STATE OF BIHAR & ORS ----------- . 30.03.2009 The petitioner seeks action under F.I.R. No.260 of 2007 under Section 302, 379 and 120(B)/34 of the Indian Penal Code which was instituted on the basis of complaint filed by the petitioner wherein it was alleged that the O.P. Nos. 6 Shashi Mehta and 7 Mahesh Yadav killed his son Mukesh Kumar by way of attacking with rod and thrusting the same in his parietal area. The petitioner seeks a direction against arrest of the accused namely, O.P. Nos. 6 and 7 in the case. A counter affidavit has been filed by State wherein it is stated that the P.S. Case No.260 of 2007 was investigated and final form was submitted in that case reporting mistake of fact. It is admitted by the petitioner that a protest petition has been filed by him before the learned Chief Judicial Magistrate against the submission of final form and the protest petition is pending for examination of the petitioner on solemn affirmation. Since, the final form has been submitted in the petitioner’s case there does not remain any scope for giving any relief by way of any direction for the arrest of the accused, namely, respondent nos. 6 and 7. The petitioner has already filed protest petition and he will be examined on solemn affirmation and in further inquiry, if a prima facie case is found by the learned Chief Judicial Magistrate, further process would be done as available under law. In the circumstances, there is nothing to be ordered at this stage. The writ petition is accordingly disposed of. (C.M. Prasad, J.) Ravi/-