Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.937 of 2011 ====================================================== Yugesh Singh, S/O Late Ram Naresh Singh, R/O Murera, P.S.- Konch, Distt.-Gaya. .... .... Petitioner Versus 1. The State of Bihar 2. Superintendent of Police Gaya District - Gaya 3. Dy. S.P. Gaya, District - Gaya 4. S.I. of Police Rajesh Ranjan, P.S.- Tekari, Distt. -Gaya 5. Bipin Sharma, S/O Kaushal Singh, R/O Village - Murera, P.S.- Konch, Distt.- Gaya 6. Atal Bihari Sharma, S/O Kaushal Singh, R/O Village - Murera, P.S.- Konch, Distt.- Gaya 7. Ram Prakash @ Pappu Sharma, S/O Kaushal Singh, R/O Village - Murera, P.S. Konch, Distt. Gaya 8. Ram Bihari Sharma, S/O Kaushal Singh, R/O Village - Murera, P.S. - Konch, Distt. -Gaya 9. Sumir Sharma, S/O Kaushal Singh, R/O Village - Murera, P.S.- Konch, Distt.- Gaya. 10. Sakhlesh Singh, S/O late Faghu Singh, R/O Village - Murera, P.S.- Konch, Distt.- Gaya 11. Abhay Singh, S/O Fagu Singh, R/O Village - Murera, P.S. Konch, Distt. Gaya 12. Lalo Sharma @ Baran, S/O Ram Pyare Sharma, R/O Village - Murera, P.S. Konch, Distt. Gaya 13. Kush Sharma @ Chhotan, S/O Ram Pyaresh Sharma, R/O Village - Murera, P.S. Konch, Distt. Gaya 14. Dharmendra Sharma, S/O Ganauri Sharma, R/O Village - Murera, P.S.- Konch, Distt. -Gaya .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER Patna High Court CR. WJC No.937 of 2011 (2) dt.03-08-2012 2 / 3 2 2 03-08-2012 The petitioner is informant of Konch P.S. Case No. 26 of 2011 dated 28.2.2011 instituted for the offence punishable under [STATUTE] and 27 of the Arms Act, in which, respondent nos. 5 to 14 have been made accused. The grievance of the petitioner is that the police is taking no steps to arrest the named accused persons and, as such, the present application has been filed for directing the official respondents to arrest respondent nos. 5 to 14 in the aforesaid case. Section 41 Cr.P.C. gives discretion to the police officer, who may, without an order from Magistrate and even without a warrant, arrest any person in the situations enumerated in that section. It is open to the investigating agency, in course of investigation, to arrest any person who has been concerned with any cognizable offence or against whom reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists or having been so concerned. The police is not expected to act mechanically in all cases to arrest as soon as the report is lodged. In my view, since the matter is under investigation, there is no justification for directing the respondents to arrest the private respondents as it would amount to undue interference in Patna High Court CR. WJC No.937 of 2011 (2) dt.03-08-2012 3 / 3 3 the investigation of the case. However, the investigating agency must promptly take all necessary steps to conclude the investigation and submit its report to the Magistrate concerned. With this observation, the application is disposed of. Sanjeet/- (Ashwani Kumar Singh, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.