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Patna High CourtCR. WJC/1039/2013dismissed

Dukhi Paswan v. The State Of Bihar And ORS

2015-01-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1039 of 2013 ======================================================

1. Dukhi Paswan Son Of Late Kankir Paswan R/O Village-Mokrampur, P.S. Sakari, District-Madhubani .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Home, Government Of Bihar, Patna

3. The Director General Of Police, Bihar, Patna

4. The Superintendent Of Police, Madhubani

5. The S.D.P.O. Madhubani

6. The S.H.O. Sakari Police Station, Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav For the Respondent/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-01-2015 The petitioner is the informant of Sakari P.S.Case No. 43 of 2010 registered for the offence punishable under section 302 read with 34 of the Indian Penal Code. In the present writ petition filed under Articles 226 and 227 of the Constitution of India, a prayer has been made to direct the respondents to arrest the accused persons named in the F.I.R.

In my view, the writ petition is thoroughly misconceived. In course of investigation, it would not be proper for this Court to issue any direction to the Investigating Agency to arrest any person. At the stage of investigation, the Court has no role to play.

Patna High Court Cr. WJC No.1039 of 2013 (2) dt.05-01-2015 2/2 In that view of the matter, I find no merit in the present writ petition. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J) Pradeep/- U T