Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.124 of 2012 ====================================================== Ranjit Yadav, S/O Late Bhupendra Yadav, Resident of Village- Khajuri, P.S.- Saur Bazar (Baidyanathpur O.P.), District- Saharsa. .. .... Petitioner Versus 1. The State of Bihar 2. The Chief Secretary (Home), Government of Bihar at Patna 3. The Director General of Police, Bihar at Patna 4. The Deputy Inspector General of Police Koshi Division, Saharsa 5. The Superintendent of Police, Saharsa, District- Saharsa 6. The Sub-Divisional Police Officer Sadar, District- Saharsa 7. The Officer-In-Charge, Bihra Police Station, District- Saharsa 8. Pintu Kumar, S/O Late Upendra Narayan Yadav, Resident of Village- Satar Kataiya, Panchayat Bihalpur, P.S.- Bihra, District- Saharsa .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 07-09-2012 On the fardbeyan given by respondent no. 8, Bihra P.S. Case No. 81 of 2011, dated 21.8.2011 was registered under [STATUTE] as well as Section 27 of the Arms Act against unknown accused persons. In course of investigation, the police suspected hands of 13 persons including the petitioner in the alleged offence. A prayer was made to the court for issuance of a warrant of arrest against the petitioner and others, which has been allowed by the learned C.J.M. concerned on 9.11.2011. Patna High Court CR. WJC No.124 of 2012 (3) dt.07-09-2012 2 / 3 2 Being aggrieved by the manner, in which the investigation is being carried out, the petitioner has filed the present writ petition with a prayer that the investigation of the case may be handed over to any independent agency, like, C.B.I. or C.I.D. as the local police is not doing proper investigation of the case. A prayer has also been made in the writ petition to direct the respondent authorities not to take any coercive action against the petitioner till submission of final report in the aforesaid case. In my view, the writ petition is misconceived. Though, there is no dispute in this regard that when the investigation by the State police is not in the proper direction, it is open for the Court to hand over the investigation to an independent and specialized agency, like C.B.I. However, for establishing the fact that the case is not moving in proper direction, onus lies upon the petitioner to bring such material before the court, which may convince the court that due to some undue pressure or influence the investigation of the case is misdirected. In the present case, there is no material to record such finding. Once, the investigation is in progress the court has no role to play. Since the prayer for issuance of a warrant of arrest by the police was made before the competent court of magistrate and Patna High Court CR. WJC No.124 of 2012 (3) dt.07-09-2012 3 / 3 3 on being satisfied with the prayer, warrant of arrest has been issued by the court, even the second prayer made by the petitioner is not worth consideration. In the result, I find no merit in the present writ petition. It is dismissed, accordingly. Sanjeet/- (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.