Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1181 of 2011 ====================================================== 1. Md. Makbul Alam S/O Late Noor Mohammad Resident Of - Kadirganj, P.S.- Kadirganj, District- Nawada. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director General Of Police Government Of Bihar , Patna 3. The Inspector General Of Police Central Range, Patna 4. The Deputy Inspector General Of Police Gaya Zone, Gaya 5. The Superintendent Of Police Nawada 6. The Sub- Divisional Police Officer Nawada 7. The Officer - In- Charge Warsaliganj Police Station In The District Of Nawada .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 31-08-2012 The petitioner is informant of Warsaliganj P.S. Case No.64 of 2011 instituted under [STATUTE] . The case relates to alleged murder of his son while he was living in his Sasural. The accused persons are wife of the deceased and in-laws. The grievance of the petitioner is that the police is not investigating the case properly. Till date, no arrest has been made in connection with the aforesaid case. He, thus, seeks a direction from this court to be given to the respondent/s to complete the investigation of the case and submit charge-sheet within a fortnight. Section 41 of the Code of Criminal Procedure gives discretion to the police officer, who may, without an order of a Patna High Court CR. WJC No.1181 of 2011 (2) dt.31-08-2012 2 Magistrate and even without a warrant, arrest any person in the situations enumerated in that section. However, the police is not expected to act mechanically in all cases to arrest an accused as soon as report is lodged. At the stage of investigation, the court has no role to play. In my view, since the matter is under investigation, there is no justification for this court to order for arrest of the accused persons as it would amount to undue interference in the case. However, the investigating agency must promptly take all necessary steps to conclude the investigation and submit its report to the Magistrate concerned. It is open to the investigating agency to submit such report as it considers appropriate, having regard to the facts and circumstances of the case and result of the investigation. With this observation, the writ petition is disposed of. 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.