Samsa Begam @ Samsa Devi v. The State Of Bihar, Through The Director General Of Police, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.278 of 2019 Arising Out of PS. Case No.-130 Year-2018 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Samsa Begam @ Samsa Devi (F) aged about 35 years, wife of- Parmanand Yadav, resident of village-Doghariya P.S.-Kochadhaman District-Kishanganj ... ... Petitioner/s

Versus

1. The State of Bihar, through the Director General of Police, Bihar, Patna

2. The Director General of Police, Bihar, Patna

3. The Inspector General of Police, Patna, Range, Patna

4. The Deputy Inspector of Police, Kishanganj

5. The Superintendent of Police, Kishanganj

6. The Sub-Divisional Police Officer, Kishanganj

7. The S.H.O. Kochadhaman P.S., Kishanganj

8. Aslam Jafar Son of- Late Mustakim Master,

9. Md. Asfaque Alam Son of- Jahid Alam

10. Md. Nurul Alam Son of- Late Arfouddin

11. Chandar Son of- Khoda Lal Respondent Nos. 8 to 11 Resident of Village-Dati, P.S.-Kochadhaman, District-Kishanganj

12. Ab Hayat Son of- Late Mosin

13. Abu Talah Son of- Tahir Hussain

14. Samshad Son of- Late Majid

15. Danish Hafij Son of- Sajaboddin

16. Md. Kaisar Son of-Late Jaihrouddin

17. Md. Munna Son of-Mustique Mastar

18. Arar Alam Son of-Qamruzzama

19. Taiyab Alam Son of-Tausif Maniruddin

20. Ajgar Momin Son of-Md. Zasim

21. Ijhar Alam Son of-Late Mazid All are Resident of Village-Tena, P.S.-Kochadhaman, District- Kishanganj. ... ... Respondent/s ====================================================== Appearance :

2/4 For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Respondent/s :

Mr.Prabhat Kumar Verma,AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 04-02-2019 The petitioner is informant of Kochadhaman P.S. Case No.130 of 2018 dated 04.07.2018 registered under Sections 147, 341, 323, 354B, 342, 109 and 447 of the Indian Penal Code. She has filed the instant writ petition for a direction to the official respondents to arrest respondent nos. 8 and 21 who are named accused in the FIR of Kochadhaman P.S. Case No.130 of 2018 .

2.

Learned counsel for the petitioner submitted that though an allegation inter alia under Section 354B of the Indian Penal Code has been made against the accused persons, the police have failed in their duty and they have yet not arrested respondent nos.8 and 21 in connection with the case. He contended that the inaction on the part of the police in arresting the accused persons has left the petitioner with no option but to approach this Court for a direction to arrest them. 3.

On the other hand, learned counsel appearing for the State submitted that arrest in a criminal case is not to be mechanically made by the police simply because the persons is named in the FIR. He contended that, in course of investigation,

3/4 it is the bounden duty of the police to test the veracity of the allegation and only if they feel it necessary, an arrest can be made, even without warrant, in a cognizable offence. He contended that there is nothing on record on the basis of which it can be said that the police are not sensitive to the case of the petitioner. Hence, no direction, as prayed for, be issued. 4.

I have heard learned counsel for the parties and perused the record.

5.

It is true that an FIR into a cognizable offence has been instituted pursuant to the written report submitted by the petitioner. The case is still under investigation. It is well settled position in law that at the stage of investigation, the court has no role to play. Though the police have power to arrest a person suspected to have committed an offence, which is cognizable in nature, even without warrant of arrest, such power is to be exercised with a lot of restraint and not mechanically. It has been rightly pointed out by the learned counsel for the State that it is the bounden duty of the police to verify the veracity of the allegation before jumping to any conclusion and arresting a person named in the FIR. As the case is still under investigation, it would not be proper for this Court to make any comment on the merit of the allegation made in the

4/4 FIR. In that view of the matter, in the opinion of this Court, at this stage, no direction is required to be passed. 6.

The writ petition, being devoid of any merit, is, hereby, dismissed.

(Ashwani Kumar Singh, J) Md. S/SKSuman.

AFR/NAFR NAFR CAV DATE NA Uploading Date 13.02.2019 Transmission Date 13.02.2019