Case Facts:
Patna High Court CR. WJC No.996 of 2011 (2) dt.09-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.996 of 2011 ====================================================== Md. Firdaus Alam .... .... Petitioner Versus The State Of Bihar & Ors. .... .... Respondent ====================================================== Appearance : For the Petitioner : Mr. Raj Kumar Choudhary, Advocate. For the Respondents : None. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-08-2012 The petitioner and his family members have been made accused in Dhansoi P.S.Case No.81 of 2010 dated 05.10.2010 registered for the offence punishable under [STATUTE] . He has made the following prayers in paragraph no.1 of the present writ petition:- A. “(i) A writ in the nature of mandamus or any other appropriate writ, order, order/s, direction, direction/s commanding the respondents to investigate the case against the petitioner and His family members, registered as Dhansoi P.S.Case No.81 of 2010 dated 05.10.2010 under sections 304(B)/201/34 with fair and impartial manner. (ii) To conclude the investigation of Dhansoi P.S.Case No.81 of 2010 and the complaint filed by the petitioner in the court of C.J.M., Munger numbered as complaint case no.1346C of 2010, as early as possible and arrest the accused persons who ever may be. (iii) To hold that the petitioner and his family member are innocent as they have informed the police after the missing of his wife, prior to lodging of this First Information Report and the same was registered as Kasim Bazar P.S.Case No.160 of 2010 dated 08.04.2010. B. For any other relief/s to which the petitioner is Patna High Court CR. WJC No.996 of 2011 (2) dt.09-08-2012 found entitled for.” A counter affidavit has been filed in the case in which it is stated that the investigation of the case is being conducted in an impartial manner keeping in view all aspects of the case on behalf of Respondents no.8 and 10 who are the Superintendent of Police, Buxar and the Officer-in-Charge of Dhansoi police station respectively. It is well settled that at the stage of investigation, the court has no say in the matter. I find no merit in the present writ. It is dismissed, accordingly. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 201

Statute Text:
Section 201 of the Indian Penal Code. Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, If a capital offence. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false; if a capital offence — shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years imprisonment — and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.