Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.483 of 2012 ====================================================== Chiranjeevi Kumar, Son of Late Lal Jha,(Correspondence Clerk), Resident of Village-L.R.P. Colony, Raza Bazar, Police Station-Town, District-East Champaran at Motihari. .... .... Petitioner Versus 1. The State Of Bihar, 2. The Director General of Police, Bihar, Patna, 3. The Inspector General of Police, Tirhut Range, Muzaffarpur, Bihar, 4. The Deputy Inspector General of Police, Bettiah, West Champaran, Bihar, 5. The Superintendent of Police, East Champaran at Motihari, Bihar, 6. The Deputy Superintendent of Police, Sadar, Motihari, East Champaran at Motihari, Bihar, 7. The Station House Officer, Town Police Station, Motihari, East Champaran at Motihari, Bihar & 8. Arbind Kumar, Sub, Inspector of Police, Investigating Officer of Motihari(Town) Police Station Case No.07 of 2012. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Dr. Amrendra Kumar No.1, Advocate. For the Respondents : ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 05-10-2012 Heard learned counsel for the petitioner and the State. The petitioner is informant of Motihari(Town) P.S.case No.07 of 2012 dated 07.01.2012 instituted under [STATUTE] against one Nandu Patel and his wife, namely, Bindu Devi. In the writ petition, a prayer has been made to direct the respondents authorities to arrest the named accused persons of the aforesaid case and remand them into judicial custody. While arguing the case, learned counsel for the petitioner submits that one of the named accused Bindu Devi was apprehended by police and was produced in the court for Patna High Court CR. WJC No.483 of 2012 (2) dt.05-10-2012 2 recording her statement under Section 164 of the Code of Criminal Procedure. Her statement was recorded by a Judicial Magistrate and thereafter she has been let off. Learned counsel submits that in a cognizable and non-bailable offence, the police has no authority to let off a named accused after taking him/her in custody. In my view, the submission is misconceived. It is open for any person to report about a cognizable offence to police and name the person involved in the crime pursuant to which the police would register an FIR under Section 154 of the Code of Criminal Procedure. However, 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. Since an arrest is in the nature of encroachment on the liberty of a person the power has to be cautiously exercised. If Bindu Devi was named in the FIR, it does not mean that in all the circumstances, the police would have arrested her. The police has done its duty in bringing her before the Magistrate. Her statement has been recorded under Section 164 of the Code of Criminal Procedure and if the police did not find her culpability in the offence alleged there was no reason for it to seek her remand to judicial custody. Section 41 of the Code of Criminal Procedure gives discretion to police officer who may, without an order from Patna High Court CR. WJC No.483 of 2012 (2) dt.05-10-2012 3 Magistrate and even without warrant, arrest any person in the situations enumerated therein. It is open to the investigating agency in course of investigation to arrest any person who has been concerned with any cognizable offence or against whom reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of having been so concerned. If the police did not find involvement of one of the lady accused named in the FIR no fault can be found in police action in not arresting her. I am of the view that since the matter is under investigation, there is no justification for this Court to direct the police to arrest any one as it would amount to undue interference in the matter of investigation. Once the matter is reported to police and F.I.R. is instituted on such F.I.R. it is the duty of the investigating agency to find out as to who the offenders are. However, I make it clear that the investigating agency must promptly take all necessary steps, conclude the investigation and submit its report to the Magistrate concerned expeditiously. 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 these observations, the writ petition is disposed of. B.Kr./- (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.