IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.387 of 2007 VIRENDRA CHAUHAN Versus THE STATE OF BIHAR & ORS ----------- 5 18.8.2008 In the instant writ petition the petitioner prays for appropriate direction to the respondents to institute a regular police case in respect of Complaint Case No.387 of 2006 dated 6.6.2006 under sections 307, 364, 323, 379, 120B/34 of the Penal Code and section 27 of the Arms Act. The petitioner further seeks a direction for investigation of Shirdala P.S.Case No.35 of 2006 dated 30.5.2006 under the Arms Act by another Investigating Officer. Learned counsel for the petitioner submits that the petitioner was implicated in a false case being Shirdala P.S.Case No.35 of 2006 dated 30.5.2006 by the police officials against whom he has filed a complaint case being Complaint Case No.387 of 2006 dated 6.6.2006. He submits that though more than two years have been elapsed, no regular case has been instituted. Learned counsel has relied upon a decision of this court in the case of Vijay Soni Vs State of Bihar, 2007(1) B.L.J. 149. In aforesaid case the petitioner therein has filed a fardbeyan before the police was not converted into a regular case by the concerned thana to which fardbeyan was transmitted. The Police Station to which fardbeyan was transmitted took the plea that it did not receive the fardbeyan. In the aforesaid circumstances this court directed for institution of regular case. - 2 - KHAN It appears from the order dated 6.6.2006 passed by the learned Chief Judicial Magistrate, Nawadah that while registering the complaint case he had directed the complainant to file an extra copy of the complaint. By the same order he further issued a direction for sending the copy of the complaint to the police concerned. Thereafter no specific averment has made as to what has happened after passing of the order dated 6.6.2006. In case if no response is made by the police to the aforesaid order dated 6.6.2006, the police is obliged to comply with the same in view of section 202 (1)Cr.P.C. Learned counsel for the State submits that it appears from the materials on record that already enquiry under section 202 Cr.P.C. has begun. In view of in-complete facts, this court is unable to pass any positive order. However, in case the learned Magistrate has proceeded with the enquiry under section 202 Cr.P.C., he will proceed with the same in accordance with law. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)