Case Facts:
Patna High Court CR. WJC No.824 of 2012 (2) dt.07-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.824 of 2012 ====================================================== Sumitra Devi W/O Shiva Shankar Prasad R/O Mohalla - Bari Masjid Ward No. 10 Sita Ram Chowk, Main Road, P.S. + District - Sitamarhi .... .... Petitioner Versus 1. The State Of Bihar 2. The Inspector General Of Police, Muzaffarpur Range, Muzaffarpur 3. The Deputy Inspector General Of Police, Muzaffarpur Range, Muzaffarpur 4. The Superintendent Of Police, Sitamarhi 5. The Dy. S.P. Superintendent Of Police, Sadar Sitamarhi 6. The Officer - In - Charge, Town Police Station, Sitamarhi 7. Jitendra Prasad S/O Sita Ram Sah R/O Sitaram Chowk, P.S. + District - Sitamarhi 8. Randhir Prasad S/O Shiva Nath Sah R/O Sitaram Chowk, P.S. + District - Sitamarhi 9. Pawan Prasad S/O Shiva Nath Sah R/O Sitaram Chowk, P.S. + District - Sitamarhi 10. Dharmendra Prasad S/O Sita Ram Sah R/O Sitaram Chowk, P.S. + District - Sitamarhi 11. Pappu Prasad S/O Sita Ram Sah R/O Sitaram Chowk, P.S. + District - Sitamarhi 12. Alok Kumar Gupta S/O Late Rameshwar Prasad Gupta R/O Sitaram Chowk, P.S. + District - Sitamarhi .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 07-12-2012 The petitioner is informant of Sitamarhi P.S.Case No.179 of 2012 dated 16.03.2012 registered under [STATUTE] and 27 of the Arms Act, in which respondent no.7 to 12 have been made accused. In the present writ petition, a prayer has been made to direct the respondent no.2 to 6 to arrest respondent no.7 to 12 in connection with the aforesaid case. In my view, the writ petition is misconceived. If an Patna High Court CR. WJC No.824 of 2012 (2) dt.07-12-2012 information relating to a cognizable offence is brought to the notice of the police officer, though he has power to arrest, he can still refrain from arresting persons, depending upon the nature of offence and circumstances unfurled not only in the FIR but also in course of investigation. The police is not expected to act mechanically in all cases to arrest the accused as soon as the report is lodged. It is well known that at the stage of investigation, the court has no role to play. In that view of the mater, I find no merit in the present writ petition. It is dismissed, accordingly. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 307

Statute Text:
Section 307 of the Indian Penal Code. Attempt to murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. Attempts by Life Convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.