Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.661 of 2012 ====================================================== Syed Nasiruddin, Son of Late Md. Umar resident of Ghauraha Masjid Phulwari Sharif, P.S. Phulwari Sharif, District-Patna. .... .... Petitioner Versus 1. The State Of Bihar, 2. The Senior Superintendent of Police, Patna, 3. The City Superintendent of Police, Patna, 4. The Deputy Superintendent of Police, Phulwari Sharif Police Station, District-Patna & 5. The Officer Incharge of Phulwari Sharif Police Station, District-Patna. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 22-11-2012 The petitioner is informant of Phulwarisharif P.S.case No.12 of 2011 dated 06.01.2011 instituted for the offence punishable under [STATUTE] . The case relates to the alleged killing of the son of the petitioner, namely, Sayed Md. Afroj Alam. As a matter of fact, the wife of the deceased, namely, Sagufla Parveen had already instituted Phulwarisharif P.S.Case No.414 of 2010 dated 10.08.2010 under [STATUTE] in respect to the murder of her husband, namely, Sayed Md. Afroj Alam. Since both the cases relate to killing of one person, the investigating agency filed a petition before the learned Chief Judicial Magistrate, Patna for getting both the cases tagged with and investigated together. The learned Chief Judicial Magistrate, Patna is said to have accorded permission to the investigating agency by order dated 20.04.2010. Learned counsel for the petitioner submits that the police is not investigating the Patna High Court CR. WJC No.661 of 2012 (2) dt.22-11-2012 2 case promptly. His prayer is to direct the investigation agency arrest the accused persons involved in the alleged offence. In my view, Section 41 of the Code of Criminal Procedure 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. However, 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 the matter is under investigation, there is no justification for this Court to pass any order for arrest of any person. It is for the police to find out the truthfulness of the allegations and take appropriate steps provided in law. However, the investigating agency must promptly take all necessary steps, conclude the investigation and submit its report to the Magistrate concerned. It is open to the investigating agency to submit such report as it deems fit and proper in the facts and circumstances of the case and result of the investigation. With these observations, the writ 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.