Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.994 of 2012 ====================================================== 1. Satyadeo Jaiswal @ Mantu Jaiswal S/O Late Kali Prasad Jaiswal Resident of Village- Balthi, Maheshpur, P.S- Kursela, District- Katihar. .... .... Petitioner/s Versus 1. The State of Bihar 2. The Director General of Police, Bihar, Patna 3. The Deputy Inspector, General of Police Purnea Range, Purnea. 4. Superintendent of Police, Katihar. 5. The Investigating Officer of Kursela P.S. Case No. 89/2012, P.S- Kursela, District- Katihar. 6. Bablu Mahaldar S/O Late Narayan Mahaldar, Resident of Village- Balthi Maheshpur, P.S- Kursela, District- Katihar. 7. Dhablu Mahaldar S/O Late Narayan Mahaldar, Resident of Village- Balthi Maheshpur, P.S- Kursela, District- Katihar. 8. Chhitku Mahaldar S/O Late Narayan Mandal, Resident Of Village- Balthi Maheshpur, P.S- Kursela, District- Katihar. 9. Putul Devi D/O Narayan Mahaldar, Resident Of Village- Balthi Maheshpur, P.S- Kursela, District- Katihar. 10. Gyani Devi W/O Late Narayan Mahaldar, Resident Of Village- Balthi Maheshpur, P.S- Kursela, District- Katihar. .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 22-11-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is informant of Kursela P.S. Case No.89 of 2012 dated 5th July, 2012 registered for the offence punishable under [STATUTE] . In the present writ petition, the petitioner has made two prayers. The First prayer is to direct the investigating agency to make proper and fair investigation of the case and the second prayer is to direct the respondents to arrest the accused persons Patna High Court CR. WJC No.994 of 2012 (2) dt.22-11-2012 2 named in the first information report. So far as the second prayer is concerned, section 41 of the Code of Criminal Procedure gives discretion to the police officer, who may, without an order of a Magistrate and even without a warrant, arrest any person in the situation enumerated therein. However, the police is not expected to act mechanically in all cases to arrest an accused as soon as a report is lodged. At the stage of investigation, the court has no role to play. Since arrest is in the nature of encroachment on the liberty of a person, the police has to exercise the power cautiously. Hence, in my view, since the matter is under investigation, there is no justification for this court to direct the investigating agency to apprehend any person. So far as the first prayer is concerned, the investigating agency must promptly take all necessary steps to 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 having regard to the facts and circumstances of the case and result of the investigation. With these observations, the writ petition is disposed of. Md.S./- (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.