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: 304

Statute Text:
Section 304 of the Indian Penal Code. Culpable homicide not amounting to murder, If act by which the death is caused is done with intention of causing death, etc. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.