Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1018 of 2012 ====================================================== Sanjeev Kumar son of Kashi Prasad, resident of Mela Road Vavdepur, Ward No.22, P.S. & Dist.-Sitamarhi. .... .... Petitioner/s Versus 1.The State of Bihar through the Director General of Police, Secretariate, Patna 2.The I.G. of Police, Muzaffarpur Range, Muzaffarpur 3. The D.I.G. of Police, Muzaffarpur Range, Muzaffarpur 4.The Superintendent of Police, Sitamarhi 5.The Dy. S.P.Sitamarhi Sadar, Sitamarhi 6.The Officer Incharge, Sadar Police Station, Sitamarhi .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-11-2012 In the present writ petition, the prayer made in paragraph-1 reads as follows:- “That by this writ petition the petitioner craves indulgence of this Hon’ble Court for the following reliefs. (a)A direction may be issued to the respondents for fair and impartial investigation of the case involving murder of the father of this petitioner. (b)A direction for immediate arrest of the accused person. (c)A direction of protection to the petitioner whose life is in continuous danger from the accused persons. (d)Any other relief/reliefs as the Hon’ble Court deem fit and proper under the facts and circumstances of the case.” It is contended that on the basis of the written report Patna High Court CR. WJC No.1018 of 2012 (2) dt.08-11-2012 2 submitted by the petitioner Sitamarhi Sadar P.S.Case No.303 of 2012 dated 6.5.2012 was registered under [STATUTE] and 27 of the Arms Act against one Sumitra Devi and two unknown accused persons. The police has taken no step to arrest the named accused so far. Learned counsel for the State submits that, apparently, from the record itself it would transpire that the accused Sumitra Devi has also instituted a complaint numbered as Complaint Case No.719 of 2012 in the court of the learned Chief Judicial Magistrate, Sitamarhi, which has been referred to the police under section 156(3) of the Code of Criminal Procedure on the basis of which Sitamarhi P.S. Case No.537 of 2012 was registered against the petitioner and others for the alleged murder of the father of the petitioner. The police is investigating both the cases. In view of section 41 of the Code of Criminal Procedure, in course of investigation, it is open for the police to arrest any person, who has been made accused in a cognizable offence or against whom it is suspected that he is involved in a case relating to a cognizable offence. However, the police is not expected to act mechanically in all the cases to arrest the persons named as accused in a cognizable offence. It is well settled that, at the stage of investigation, the court has no role to play. Any Patna High Court CR. WJC No.1018 of 2012 (2) dt.08-11-2012 3 direction by this court to arrest some one in connection with a case or otherwise at the stage of investigation would amount to undue interference in investigation. In that view of the matter, I find no merit in the present writ petition. It is dismissed, accordingly. However, the investigating agency must promptly investigate both the cases, take all steps and submit its report in both the cases before the Magistrate concerned. It is open to the investigating agency to submit such report as it deems fit and proper, having regard to the facts and circumstances of the case and result of the investigation. Md.S./- (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.