Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.510 of 2012 ====================================================== Rizwana Khatoon, W/O Sirajuddin @ Tufani, R/V- Kapiyahata, P.S.- Goreya Kothi, Distt.- Siwan. .... .... Petitioner Versus 1. The State of Bihar (through the Home Secretary) Bihar, Patna 2. The I.G. Tirhut Zone, Muzaffarpur 3. The D.I.G. Saran Range, Chapra 4. The Superintendent of Police, Siwan. 5. The S.D.P.O. Siwan 6. The I.O. (Shri Chandra Prakash), Goria Kothi Police Station, Siwan. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 10-10-2012 Heard. The petitioner initially lodged a complaint case in the court of the learned Chief Judicial Magistrate, Siwan, which was referred to the police under Section 156(3) of the Code of Criminal Procedure, pursuant to which, Goria Kothi P.S. Case No. 149/2011, dated 22.12.2011 was registered under [STATUTE] against eleven named accused persons. A prayer has been made in the writ petition to direct the respondents to arrest the accused persons named in the F.I.R. as well as to direct the investigating agency to submit its report in Patna High Court CR. WJC No.510 of 2012 (2) dt.10-10-2012 2 / 2 2 terms of Section 173(2) of the Code of Criminal Procedure without any delay. In my view, so far as the first prayer is concerned, the same cannot be allowed. The police is not expected to act mechanically in all cases to arrest the accused as soon as the report is lodged. At the stage of investigation, the court has no role to play. Since an arrest is in the nature of an encroachment on the liberty of a person, the power has to be exercised cautiously. So far as the second prayer is concerned, the investigating agency must promptly investigate the case and submit its report to the Magistrate concerned. It is open to the investigating agency to submit such report as it considers appropriate, in the facts and circumstances of the case and result of the investigation. With this observation, the writ petition is disposed of. Sanjeet/- (Ashwani Kumar Singh, J.)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.