Patna High CourtCR. WJC/810/2014disposed

Arjun Singh v. The State Of Bihar And ORS

2015-05-012 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.810 of 2014 ====================================================== Arjun Singh, son of Sri Uday Singh, resident of village Chaugdai, P.S. Murar, district Buxar .... Petitioner

Versus

1. The State of Bihar

2. The Director General of Police, Bihar, Main Secretariat, Patna

3. The Deputy Inspector General, Shahabad Range at Arrah, district Bhojpur

4. The Superintendent of Police, Buxar

5. The Deputy Superintendent of Police, Dumraon, district Buxar

6. The Station House Officer of Murar Police Station, district Buxar

7. Avanish Narain Yadav, son of Sri Ram Narayan Yadav

8. Kinnu Yadav @ Munna Yadav, son of late Bansropan Yadav

9. Chetharu Yadav @ Sri Ram Yadav, son of Sri Naresh Yadav

10. Sheojee Paswan, son of Sri Hira Lal Paswan, all residents of village Chaugai, P.S. Murar, district Buxar .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Bhola Kumar, Advocate For the Respondents : Mr. Kundan Bahadur (SC XXII) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 01-05-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for issuing a direction to arrest the accused persons of Murar P.S. Case No. 28 of 2014, dated 02.07.2014.

However, a counter affidavit has been filed that the case has been forwarded to the Criminal Investigation Department for investigation vide Letter No. 5824, dated 12.12.2014.

This Court in exercise of power under Section 226 of the Constitution can not give a direction to the police to arrest a person as the investigation is totally under the domain of the police to investigate the cognizable offence and the

Patna High Court Cr. WJC No.810 of 2014 (5) dt.01-05-2015 Court has no jurisdiction to direct the police to arrest any person as the Court has no role to play in the investigation, hence, no such direction can be issued by the Court.

I do not find any merit to give any direction to interfere with the investigation. However, it is hereby directed that the police or the Criminal Investigation Department shall expedite the investigation to conclude the investigation at the earliest.

With this observation, this application is disposed off.

(Gopal Prasad, J) SA/- U √ T √