IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1236 of 2010 RANJAN KUMAR CHAUHAN SON OF SRI JIYALAL SINGH, RESIDENT OF VILLAGE KARARAHI, P.S. MARAUNA, DISTRICT- SUPAUL, AT PRESENT SENIOR DEPUTY COLLECTOR, ARARIA, DISTRICT- ARARIA Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, PURNIA DIVISION, PURNIA 4. THE SUPERINTENDENT OF POLICE, KATIHAR, DISTRICT- KATIHAR 5. THE DISTRICT MAGISTRATE, KATIHAR 6. THE DEPUTY DEVELOPMENT COMMISSIONER, KATIHAR 7. THE S.D.P.O. BARSOI, DISTRICT- KATIHAR 8. THE OFFICER IN CHARGE OF TELTA P.S. DISTRICT KATIHAR 9. THE BLOCK DEVELOPMENT OFFICER, BALRAMPUR, BALRAMPUR BLOCK, DISTRICT- KATIHAR ----------- 5 06.05.2011 Heard learned counsels for the petitioner and the State. The grievance of the petitioner is that why the requisition of the police for issuance of warrant of arrest is pending consideration in connection with Balrampur P.S. Case No. 52 of 2007 registered for the alleged offences under sections 409, 120B of the Indian Penal Code. Learned counsel for the petitioner submits that the respondent nos. 4, 7 & 8 should not arrest the petitioner without any warrant of arrest issued from the Court of Chief Judicial Magistrate, Katihar in connection with the above noted case in the light of the order dated 24th August, 2010 (Annexure-1) whereby the police was directed to produce the case diary and thereafter only the prayer of the investigating officer for issuance of warrant of arrest would be considered. As such, the respondent nos. 4, 7 & 8 should not make arrest of the petitioner. Learned counsel for the State, on the other hand, submits that no warrant of arrest has been issued as yet. It is further submitted that although the petitioner is not named accused however the necessity of arrest depends upon the materials collected during investigation, and as such, the prayer of the petitioner is not correct. Considering the submissions of the parties, I find that there is no dispute between the parties that the warrant of arrest has not been issued as yet. Therefore, the question of arrest during investigation is a matter to be considered by the investigating officer depending upon the necessity and materials collected during investigation. In this view of the matter, I am not inclined to interfere into the matter. The writ application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)