Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.951 of 2011 ====================================================== Ranjeet Kumar Singh, S/O Sri Ram Khelawan Singh, R/V - Bara, P.S. - Ben, Distt. – Nalanda. .... .... Petitioner Versus 1. The State of Bihar, through the Chief Secretary, Secretariat, Patna 2. The District Magistrate, Nalanda 3. The Superintendent of Police, Nalanda 4. The Deputy Superintendent of Police, Biharsharif, Nalanda 5. The Officer - In - Charge of Dipnagar Police Station, Biharsharif, Nalanda 6. Mr. Lallan Kumar Sinha, the Jail Superintendent, Biharsharif, Nalanda. 7. Mr. Dinesh Sharma, the Hawaldar, Biharsharif, Nalanda .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-08-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner lodged a complaint in the court of the learned Chief Judicial Magistrate, Nalanda, Biharsharif which was referred to the police under Section 156(3) of the Code of Criminal Procedure, pursuant to which Dipnagar P.S. Case No. 70 of 2011 dated 1.5.2011 was registered under [STATUTE] against respondent nos. 6 & 7. Patna High Court CR. WJC No.951 of 2011 (2) dt.07-08-2012 2 / 2 2 The grievance of the petitioner is that the police is not taking any legal step to arrest respondent nos. 6 & 7 and thus, in the present application a prayer has been made that a writ in the nature of mandamus be issued against respondent no. 1,2,3 & 4 to take legal action against respondent nos. 6 & 7. In my view, since the matter is under investigation, there is no justification for this Court to pass any order to apprehend or to take legal action against respondent nos. 6 & 7 as it amount to undue interference in the investigation of the case. The police is duty bound to investigate into an offence which discloses commission of a 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. Since the arrest is in the nature of an encroachment on the liberty of a person, the power has to be exercised cautiously by the investigating agency. I find no merit in the present writ petition. It is dismissed, accordingly. Sanjeet/- (Ashwani Kumar Singh, J.)

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.