IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1139 of 2008 INDRA MANI SHANKAR, SON OF LATE HARENDRA PRASAD SINGH, RESIDENT OF VILLAGE – TEPHA, (POORVANCHAL TOLA) P.S. – JEERADEI, DISTRICT – SIWAN .......................... PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVT. OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE, PATNA. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, SARAN DISTRICT AT CHAPRA. 4. THE SUPERINTENDENT OF POLICE, SIWAN. 5. THE S.D.P.O., MAHARAJGANJ. 6. THE OFFICER-IN-CHARGE-CUM-INVESTIGATING OFFICER P.S. BASANTPUR, SUB-DIVISION- MAHARAJGANJ, DISTRICT-SIWAN 7. SRI SATYENDRA KUMAR, OFFICE-IN-CHARGE, BASANTPUR, P.S. – DISTRICT – SIWAN. ----------- 4 23.04.2009 The petitioner’s father Late Harendra Prasad Singh was killed and in that connection Basantpur P.S. Case No. 102 of 2008 under Sections 302, 201 and 120B of the Indian Penal Code was instituted. Four persons were named as accused in the FIR. The petitioner has filed this application alleging that the investigation was not being done properly and the witnesses produced by the petitioner who happens to be the informant of the case were not being examined by the I.O. Today a supplementary affidavit with copies of affidavits sworn in by witnesses, namely, Janakdeo Ram, Vinod Singh, Vijendra Singh, Nand Kishore Ray, Rabindra Singh, Shiv Shanker Singh, Mukesh Singh and Ashok Kumar Singh with regard to the occurrence has been filed. Learned counsel for the petitioner submits that these - 2 - witnesses have stated about the occurrence but their statement was not recorded by the I.O. who according to the petitioner was not conducting the investigation in a fair and impartial manner. As also stated in the counter affidavit Mr. Gyan Prakesh Ojha A.C. to G.A. VII submits that the Investigating Officer of the case has been changed by higher Police Officials. It is submitted by him that since the I.O. has changed, the grievance of the petitioner does not remain any further. He submits that the present I.O. will continue with fair and impartial investigation recording the statement of witnesses as per law. In such view of the matters, there is no need to keep the pendency of the writ application and it is accordingly disposed of. Kundan (C. M. Prasad, J.)