Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.844 of 2011 ====================================================== Ramlal Yadav S/O Late Kishun Yadav R/O Vill. Laxmipur, P.S. Siwan Sadar, Distt. Siwan .... .... Petitioner Versus 1. The State Of Bihar Through Deputy General Of Police Bihar, Patna 2. The Superintendent Of Police, Siwan 3. The Officer In - Change, P.S. Sadar Nagar, Distt. Siwan 4. Rajendra Rai S/O Raja Ram Rai R/O Vill. Tajpur, Basahi, P.S. Janta Bazar, Distt. Chapra 5. Yogndra Rai S/O Late Bhola Rai R/O Vill. Tajpur, Basahi, P.S. Janta Bazar, Distt. Chapra 6. Shambhu Rai S/O Late Churan Rai R/O Vill. Tajpur, Basahi, P.S. Janta Bazar, Distt. Chapra 7. Jai Prakash Yadav S/O Shankar Yadav R/O Vill. Kanhar Rampur, P.S. G.P. Nagar, Distt. Siwan 8. Eklakh Mian S/O Daroga Mian At Presently Working As Teacher, Dhanesh Chapra Primary School 9. Urmila Kumar D/O Late Puran Rai R/O Tajpur Basahi Basahi, P.S. Janta Bazar, Distt. Chapra 10. Seema Kumari D/O Parma Rai R/O Tajpur Basahi Basahi, P.S. Janta Bazar, Distt. Chapra .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 11-10-2012 The petitioner is informant of Siwan Town P.S.case No.39 of 2011 dated 08.02.2011 registered for the offence punishable under [STATUTE] . The case was initially filed as a complaint and the learned Chief Judicial Magistrate, Siwan by exercising his powers conferred under Section 156(3) of the Code of Criminal Procedure referred the case to the police for investigation. In the present writ petition, the petitioner’s prayers in Patna High Court CR. WJC No.844 of 2011 (4) dt.11-10-2012 2 paragraph-1 are as under:- “ i) For Issuance of the Writ in the nature of Mandamus directing the respondent authorities specially respondent no.2 and 3 to conclude the Investigation of Siwan Sadar Nagar P.S.Case No.39 of 2011, which has been pending for more than eight months before the Respondent Authority. ii) For Issuance of Writ in the nature of Mandamus directing the respondent to examine the witnesses [STATUTE] rrorizing and threatening to the witnesses of the Sadar Nagar P.S. Case No.39 of 2011. iii) For Issuance of Writ in the nature of Mandamus ( respondent no.2 and 3 ) to call for the report of viscera, which has been sent for the chemical examination before the Forensic Department, Patna as the Forensic Report is a material witness in the case of death due to poison. iv) For issuance of writ in the nature of mandamus directing the respondent authorities (Respondent no.1 to 3) to make the arrest of the accused persons of Siwan Sadar Nagar P.S.case No.39 of 2011.” So far as prayer in paragraph-1 (iv) is concerned, the same cannot be allowed. Since the case is under investigation, it is for the police to find out as to who the offenders are. The police cannot mechanically arrest a person simply because he is named in the FIR. However, there is no fetter on the power of police to arrest a person even without warrant if it suspects his involvement in commission of a cognizable offence. The power to arrest by the police has to be exercised cautiously. So far as the prayers made in paragraph-1(ii) and (iii) are concerned, the investigating agency must conduct a fair and impartial investigation in the case. It is one of the duties of the Patna High Court CR. WJC No.844 of 2011 (4) dt.11-10-2012 3 police to see that in course of investigation the evidence is not tampered with. It is expected that the investigating agency would take all necessary steps in order to ensure a fair and impartial investigation. So far as the prayer as contained in paragraph-1 (i) is concerned, the investigating agency must promptly investigate the case, take all steps necessary in accordance with law, conclude the investigation and submit its report to the Magistrate concerned expeditiously. It is made clear that the investigating agency would submit such report as it thinks fit and proper in the circumstances of the case and subject to result of the investigation. With these observations, the writ petition is disposed of. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 161

Statute Text:
Section 161 of the Indian Penal Code. Being or expecting to be a public servant, and taking A gratification other than Legal remuneration in respect of an official act. Repealed by the Prevention of Corruption Act, 1988