Case Facts:
Patna High Court CR. WJC No.234 of 2012 (2) dt.11-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.234 of 2012 ====================================================== Samimun Nesha .... .... Petitioner Versus The State Of Bihar & Ors .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner initially filed a complaint in the court of the learned Chief Judicial Magistrate, Gopalganj on 31.05.2010. The said complaint was referred to the police under Section 156(3) of the Code of Criminal Procedure for investigation. Accordingly, the police registered Vishambharpur P.S.Case No.38 of 2010 under [STATUTE] . The petitioner has made two prayers in the present writ. The first prayer is for issuance of a direction to the respondents to arrest respondent no.7 who has been made a named accused in the aforesaid case. The second prayer is to direct the respondent authorities to complete the investigation of the aforesaid case. So far as the first prayer is concerned, Section 41 of the Code of Criminal Procedure gives discretion to the police officers who may, without an order from Magistrate and even without a Patna High Court CR. WJC No.234 of 2012 (2) dt.11-09-2012 warrant, arrest any person in the situation enumerated in the Section. 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. In my view, since the matter is under investigation, there is no justification for this Court to direct the respondents to arrest respondent no.7 as it would amount to undue interference in the investigation of the case. However, the investigating agency must promptly take all necessary steps, conclude the investigation and submit its report to Magistrate concerned. It is open to the investigating agency to submit such report as it considers appropriate, having regard to the facts and circumstances of the case and result of the investigation. With this observation, the writ petition is disposed of. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 201

Statute Text:
Section 201 of the Indian Penal Code. Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, If a capital offence. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false; if a capital offence — shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years imprisonment — and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.