Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.726 of 2012 ====================================================== Dharm Raj Prasad, Son of Late Jay Prakash Narayan, Resident of Village- Nimdarganj, P.S. Akabarpur, District-Nawadah. .... .... Petitioner Versus 1. The State Of Bihar, 2. Director General of Police, Bihar, Patna, 3. Inspector General of Police, Shekhpura, Bihar, Patna, 4. Deputy Inspector General of Police, Munger, 5. Superintendent of Police, Sheikhpura, 6. Deputy Superintendent of Police, Sheikhpura, 7. Officer Incharge, Sheikhpura, 8. District Magistrate, Sheikhpura, 9. Central Intelligence Bureau, Bailey Road, Patna & 10. Vigilance Director, Bailey Road, Patna .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 30-11-2012 The petitioner is informant of Sheikhpura P.S.Case No.58 of 2009 dated 20.02.2009 instituted under [STATUTE] as well as Section 7 and 13(2) of the Prevention of Corruption Act, 1988. In the present writ petition, the petitioner has made a prayer that the case should effectively be investigated and the accused named in the FIR be immediately arrested. It has been contended on behalf of the petitioner that till date the investigation of the case has not concluded. The FIR named accused has also not been arrested and the investigating agency is taking no interest in the investigation of the case. In my view, so far as the prayer relating to arrest of the Patna High Court CR. WJC No.726 of 2012 (2) dt.30-11-2012 2 named accused of the FIR is concerned, the same cannot be allowed. Under Section 41 of the Code of Criminal Procedure, while investigating a case, the police has ample powers to arrest a person named in connection with a cognizable offence or a person who may be suspected to have been involved in commission of a cognizable offence. However, the power of arrest has not to be exercised mechanically. Once, the FIR is instituted it is for the investigating agency to find out as to whether any offence is made out or not and if the offence is made out as to who the offenders are. At the stage of investigation, the court has no role to play. So far as the prayer relating to effective investigation of the case is concerned, in my view, the investigating agency must promptly take all steps, conclude the investigation and submit its report to the Magistrate concerned. It is open to the investigating agency to submit such report as it deems fit and proper in the facts and circumstances of the case and result of the investigation. With these observations, the writ petition is disposed of. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 384

Statute Text:
Section 384 of the Indian Penal Code. Extortion. Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.