Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.724 of 2012 ====================================================== Dhrupdeo Singh, S/O Late Sukhdeo Singh, R/O- Shyampur, P.S.-Muffasil, District – Siwan .... .... Petitioner/s Versus 1. The State of Bihar 2. The Director General of Police, Bihar, Patna 3. The Superintendent of Police, Siwan 4. The Deputy Superintendent of Police, Sadar, Siwan, District - Siwan 5. The Office - In - Charge of Siwan Muffasil Police Station, District - Siwan .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-11-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is informant of Siwan Muffasil P.S. Case No. 66 of 2012 instituted for the offence punishable under [STATUTE] as well as Section 27 of the Arms Act. It is contended that even after lapse of nine months from the date of occurrence, the investigating agency has not been able to apprehend any accused person named in the F.I.R. In that view of the matter, in the present writ petition a prayer has been made to direct the respondent no. 5, i.e., the Officer-in-Charge of Siwan Muffasil Police Station, Siwan to Patna High Court CR. WJC No.724 of 2012 (2) dt.29-11-2012 2 / 3 2 expedite the investigation of the case and to apprehend the persons involved in committing the crime of the victim of the case. The further prayer is for a direction to apprehend the accused persons named in the F.I.R. If an information relating to a cognizable offence is brought to the notice of police officer, he can still refrain from arresting person depending upon the nature of offence and circumstances unfurled not only in the F.I.R. but also during course of investigation. Section 41 of the Code of Criminal Procedure, of course, gives wide power to the police officer to make arrest and, ordinarily, it is necessary while exercising such powers to be cautious and circumspect. The police is not expected to act mechanically to arrest accused persons as soon as the report is lodged. At the stage of investigation, the court has very limited role. For the reasons assigned, hereinabove, I do not think it proper, at the stage of investigation, to direct the respondent to apprehend any particular person. However, the investigating agency must promptly take all necessary steps in order to unfurl the crime, conclude the investigation and submit its report to the Magistrate concerned. It Patna High Court CR. WJC No.724 of 2012 (2) dt.29-11-2012 3 / 3 3 is open to the investigating agency to submit such report as it deems fit and proper in the facts and circumstances of the case and result of the investigation. With these observations, the writ petition is disposed of. Sanjeet/- (Ashwani Kumar Singh, J.)

Applicable IPC Section: 147

Statute Text:
Section 147 of the Indian Penal Code. Rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.