IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.469 of 2006 VIPLOVE KUMAR Versus STATE OF BIHAR & ORS ----------- 3 18.3.2009 In the instant writ petition the petitioner seeks quashing of the order dated 31.1.2006 passed by the Chief Judicial Magistrate, Gaya permitting further investigation in the case. The petitioner is the informant of Gaya Civil Line P.S. Case No.110 of 2004 instituted under sections 302, 328, 201/34 of the Penal Code. It is alleged that the F.I.R. named accused persons in league with others has murdered his brother. The police submitted final form on 20.6.2005 under sections 302, 328, 201/34120B of the Penal Code charge sheeting the accused persons. Thereafter on a petition of the Police, the learned Magistrate by his order dated 31.1.2006 permitted further investigation under section 173(8) Cr.P.C. The grievance of the petitioner is that on pressure exhorted by the accused persons, the police has filed the instant application to shield them. Learned counsel for the Opposite parties submits that after due enquiry by the Senior Police officials a decision was taken for further investigation in terms of section 173(8) Cr.P.C. Section 173(8) empowers the Police to conduct further investigation in an appropriate case if it comes across the material 2 KHAN relevant. Considering the facts and circumstances of the case, I do not find any illegality in the impugned order of the learned Magistrate and as such this writ petition is dismissed. However, as the further investigation was ordered in the year 2006, the same should be completed within four months from today, if the same is not already completed. Let this order be communicated to the court of the Chief Judicial Magistrate, Gaya through fax at the cost of Opposite parties. (S.P.Singh,J)