Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.660 of 2011 ====================================================== Ahilya Devi W/O Late Krishnadeo Narayan Mishra R/O Mohalla- Bhikhanpur, Moti Mishra Lane, P.S.-Ishakchak, Distt.-Bhagalpur .... .... Petitioner Versus 1. The State Of Bihar 2. Director General Of Police, Bihar, Patna 3. Inspector Genral Of Of Police, Region Bhagalpur 4. Deputy Inspector General Of Of Police, East Zone, Bhagalpur 5. Superintendent Of Police, Bhagalpur 6. Dy. S.P.City, Bhagalpur 7. Officer Inchage Ishakohak, Bhagalpur 8. Investigating Officer Ishakohak, P.S.-Case No. 42/2009 Bhagalpur 9. Nekatan Mishra S/O Late Dinesh Chandra Mishra R/O Village-Gagari Jamalpur, P.S.Gogari Jamalpur Distt.-Khagaria (At Present) Bhikhanpur, Police Station Ishakchak, Distt.-Bhagalpur 10. Neelam Mishra S/O Late Dinesh Chandra Mishra R/O Village-Gagari Jamalpur, P.S.Gogari Jamalpur Distt.-Khagaria (At Present) Bhikhanpur, Police Station Ishakchak, Distt.-Bhagalpur 11.Dinesh Chandra Pathak S/O Surya Pathak R/O Mohalla- Bhikhapur.Olice Station Ishakchak, Distt.-Bhagalpur 12. Ajit Chandra Pathak S/O Dinesh Chandra Pathak R/O Mohalla- Bhikhapur Police Station Ishakchak, Distt.-Bhagalpur 13. Ajay Chandra Pathak S/O Dinesh Chandra Pathak R/O Mohalla- Bhikhapur. Police Station Ishakchak, Distt.-Bhagalpur 14. Bhola Paswan S/O Bado Paswan R/O Vilage-Datwat, P.S.-Habibpur, Distt.-Bhagalpur .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 5 18-10-2012 The petitioner is the informant of Ishakchak P.S.Case No.42 of 2009 dated 31.08.2009 instituted under [STATUTE] and Section 27 of the Arms Act. A prayer has been made in the writ petition to direct the respondent authorities to arrest the accused persons of the said Patna High Court CR. WJC No.660 of 2011 (5) dt.18-10-2012 2 case, conclude the investigation of the case and submit final form in accordance with law. A further prayer has been made that a writ in the nature of mandamus be issued directing the respondents to provide protection and safeguard to the life of the petitioner as well as her family members. In my view, Section 41 of the Code of Criminal Procedure empowers the police to arrest a person who is made accused or suspected to be an accused in a cognizable offence. However, this power has not to be exercised mechanically immediately after institution of the FIR. It is for the investigating agency to find out the truth of the allegation in course of investigation and take steps in accordance with law. In that view of the matter, it would not be proper for this Court to issue any direction to arrest any particular person in connection with the case. However, the investigating agency must conclude the investigation of the case expeditiously and submit its report before the Magistrate concerned under Section 173(2) of the Code of Criminal Procedure for appropriate orders. It is made clear that the investigating agency would be free to submit such report as it deems fit and proper in the facts and circumstances of the case and the subject to the result of the investigation. Patna High Court CR. WJC No.660 of 2011 (5) dt.18-10-2012 3 So far as the question of threat to the life of the petitioner and her family members is concerned, in case, the petitioner represents before the Senior Superintendent of Police, Bhagalpur in this regard he would examine the matter and take appropriate steps in accordance with law. 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.