Bhukho Devi v. The State Of Bihar Through The District Magistrate, Begusarai And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1038 of 2014 ====================================================== Bhukho Devi wife of Naresh Mahto, resident of village-Sankh Traiya, Mubarakpur, P.S.-Muffasil, District-Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Begusarai.
2. Superintendent of Police, Begusarai.
3. Officer-in-charge Police Station Mahila Thana, Begusarai. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Respondent/s : Mr. P.K.Verma, A.A.G.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-04-2015 The petitioner is informant in Begusarai Mahila Thana P.S. Case No.32 of 2013 registered under sections 376, 511, 448 and 506 read with 34 of the Indian Penal Code. In this application filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of mandamus upon the respondents to immediately arrest the accused persons named in the FIR of the aforesaid case. In my view, the application is misconceived. To hold investigation into a cognizable offence is the exclusive jurisdiction of the police. Section 41 of the Code of Criminal Procedure gives discretion to the police to arrest a person, who is involved in a cognizable offence but it does not mean that in all cases instituted
Patna High Court Cr. WJC No.1038 of 2014 (2) dt.02-04-2015 2/2 before the police, they would mechanically arrest the person/persons named in the FIR. It depends upon several factors which unfurls in course of investigation. A first information report in respect of a cognizable offence may be true or false. In that view of the matter, it would not be proper for this Court to issue any direction to any of the respondents to arrest any of the accused named in the FIR.
Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J) Md.S./- U T