IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.516 OF 2009 RAM BHAJAN PRASAD, SON OF LATE JAGESHWAR PRASAD, RESIDENT OF SALIMPUR AHRA, P.O. BANKIPUR, P.S. GANDHI MAIDAN, DISTRICT PATNA…………………………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH SECRETARY, HOME POLICE, GOVERNMENT OF BIHAR, PATNA 2. THE SENIOR SUPERINTENDENT OF POLICE, PATNA 3. THE CITY SUPERINTENDENT OF POLICE, EAST PATNA 4. THE OFFICER-IN-CHARGE DIDARGANJ POLICE STATION 5. SURAJ RAI, SON OF LATE DASAI RAI 6. MAHESH RAI, SON OF LATE JAMUN RAI 7. SANTOSH RAI, SON OF LATE MAHESH RAI 8. RAGHUNATH RAI, SON O F LATE SURAJ RAI 9. RAJESH RAI, SON OF LATE SURAJ RAI, RESPONDENT NOS. 5 TO 9 ARE RESIDENTS OF MOHALLA DIDARGANJ, P.S. DIDARGANJ, DISTRICT PATNA ………………….RESPONDENTS ----------- 2. 23.02.2010 Heard learned counsel for the petitioner and learned counsel for the State. In this writ application, petitioner has prayed for direction to the respondents to hold proper investigation in connection with Didarganj P.S. Case No.65/09, arrest the accused persons and return possession of the shop and looted articles. A counter affidavit has been filed which shows that the accused persons were apprehended in connection with the case and thereafter they have been allowed bail by a competent court of law. - 2 - So far as investigation of the case is concerned, learned counsel for the State submits that investigation is almost complete and charge sheet will be submitted soon, if not already submitted. So far as restoring possession of the shop to the petitioner and return of the articles are concerned, if the same has been done by some private individual, namely, accused persons, remedy of the petitioner lies before the competent court of law. The remedy by way of criminal writ is not available against private persons. In the circumstances, the grievance of the petitioner appearing to have been substantially redressed. The application has, therefore, become infructuous. The writ application is disposed of with the aforesaid observations. B.T (J. N. Singh, J.)