IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ No.1213 of 2012

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Kumar Gaurav son of Sri Arjun Kumar Yadav, resident of village-

Sonbarsha, P.S.-Nayagaon, District-Begusarai (Bihar) and at present

resident of Plot No.B/154, Budha Colony, P.S.-Budha Colony, District-

Patna (Bihar)

.... .... Petitioner/s

Versus

1.The State of Bihar through the Home Secretary, Govt. of Bihar, Patna

2.The Director General of Police, Bihar, Patna

3.The Deputy Inspector General of Police, Division-Patna

4.The Senior Superintendent of Police, Patna

5.The Superintendent of Police (Town), Patna

6.The Deputy Superintendent of Police, Phulwarisharif, District- Patna

7.The Officer-in-charge, Police Station-Beur, District- Patna

8.The Sub Divisional Officer, Patna Sadar, District- Patna

9.The Circle Officer, Phulwarisharif, District- Patna

.... .... Respondent/s

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR

SINGH

ORAL ORDER

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18-12-2012

The petitioner is informant of Beur P.S.Case No.78

of 2012 dated 23.5.2012 instituted for the offence punishable

under sections 420, 406, 467, 468, 471, 472 read with 34 of the

Indian Penal Code in which altogether nine persons have been

made named accused. The grievance of the petitioner is that the

police is not investigating the case properly. In the present writ

petition, the petitioner has made two prayers. The first prayer is to

direct the respondents to arrest the named accused of the aforesaid

case and the second prayer is to direct the Director General of

Police, Bihar, Patna to look into the matter and direct some senior

police officer to conduct investigation of the case and see that the

accused persons of the aforesaid case are apprehended and

Patna High Court CR. WJC No.1213 of 2012 (2) dt.18-12-2012

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produced before the court concerned.

In my view, the writ petition is misconceived. Once a

cognizable offence is reported to the police and F.I.R. is instituted,

it is the bounden duty of the investigating agency to conduct

investigation in accordance with law. No doubt, the police has

power to arrest an accused of a cognizable offence in course of

investigation of a case. However, such power is to be exercised

cautiously. The police is not expected to act mechanically and

arrest the accused named in the F.I.R. immediately after the

offence is reported to it. There is nothing on the record on the

basis of which it can be said that the police is not conducting the

investigation in a proper manner.

I find no merit in the present writ petition. It is

dismissed, accordingly.

Md.S./-

(Ashwani Kumar Singh, J)