IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.862 of 2007 VIVEKANAND SHARMA Versus THE STATE OF BIHAR & ORS ----------- 2 26.9.2008 The petitioner is the informant of Naugachia P.S. Case No.400 of 2006 registered under sections 406, 420, 504, 506/34 of the Penal Code. Learned counsel for the petitioner submits that the case was supervised by the S.D.P.O., Naugachia who in his report dated 4.12.2006 found the accusation against the F.I.R. named accused namely Mahavir Mandal, Sunil Mandal, Anil Mandal, Amit Mandal and others to be true under the aforesaid sections of the Penal Code. He recommended for immediate arrest of the accused persons. He further submits that again the same supervising officer namely S.D.P.O., Naugachia vide his report dated 18.5.2007 reiterated his earlier direction and directed that the accused persons should be arrested within a week, failing which departmental proceeding would be initiated against the Investigating Officer concerned. Learned counsel further submits that all of a sudden the S.D.P.O., Naugachia vide his memo no.1102 dated 2.5.2007 without any fresh material directed for submission of final form stating that accusations against the accused persons are false. He submits that the action of the S.D.P.O., Naugachia was not fair more so in view of his earlier supervision the case was found to be true. Learned counsel for the State submits that the petitioner has already filed protest petition in the court below and he is at liberty to - 2 - KHAN pursue his case. Having heard learned counsel for the parties, this court generally refrain from making any direction in respect of investigation carried out by the police but where there is no proper investigation, the court issues appropriate direction in the matter. The Superintendent of Police, Naugachia is directed to examine as to under what circumstances the S.D.P.O., Naughachia has directed for submission of final form. In case he differs from the report of the S.D.P.O., Naugachia he may pass appropriate order for further investigation. It is made clear that filing of protest petition in the court below by the petitioner would not come in the way of Superintendent of Police, Naugachia in passing appropriate order in accordance with law. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)