Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.116 of 2012 ====================================================== Gaffar @ Abdul Gaffar @ Gaffar Mian .... .... Petitioner Versus The State Of Bihar & Ors. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-09-2012 Heard lerned counsel for the petitioner and learned counsel for the State. On 01.12.2011 Rampur P.S.case No.229 of 2011 was registered under [STATUTE] on the basis of fardbayan given by the petitioner. From perusal of the FIR, it appears that the son of the petitioner was killed by some unknown criminals. However, the informant suspected the hand of one Karan Paswan in the alleged offence. The present writ petition has been filed with a prayer to direct the respondents to arrest the accused of the aforesaid case as well as to search out the other culprits who may be involved in the alleged offence. While arguing the case, learned counsel for the petitioner submits that though more than nine months have elapsed since the date of institution of the FIR there is no progress in the investigation of the case. In my view once a cognizable offence is reported to the Patna High Court CR. WJC No.116 of 2012 (2) dt.07-09-2012 2 police it has the statutory duty to investigate the case. However, no direction can be given by the court to conduct the investigation in a particular manner. The court at this stage also cannot direct for arrest of any person because it is for the police to collect material in course of investigation in order to find out as to who the offenders are. The police is not expected to act mechanically in all cases to arrest the accused as soon as the report is lodged. However, the investigating agency must promptly take all necessary steps, conclude the investigation and submit its report to the Magistrate concerned. It is open for the investigating agency to submit such report as it thinks appropriate, having regard to the facts and circumstances of the case and the result of investigation. With this observation, the petition is disposed of. B.Kr./- (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.