PAPPU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Advocate for the petitioners as well as learned APP for the State.

(2.) The petitioners have filed the instant writ petition for issuance of a writ in the nature of mandamus, directing the respondents to explain, as to why the petitioner no. 1 was arrested in flagrant violation of the mandate of law, enshrined under Sec. 41 and Sec. 41(A) of the Cr.P.C. and also for a direction upon the Investigating Officer for flouting the law involved in the subject with brazen proclivity in support of his superior officials with a coordinate prayer directing the respondents to pay compensation for wrongful arrest of the petitioner.

(3.) It is pertinent to mention here that in the Chiksaura P.S. Case No. 89 of 2016, registered under Ss. 341/504/506/354(B) of the I.P.C. and Sec. 3(i) (iii) (vi) (x) (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1995. After registration of the said case, Police issued notice upon petitioner no. 1 namely Pappu Singh @ Shivendra Bahadur under Sec. 41(A) of the Cr.P.C. The petitioner no. 1 duly complied with the said provision attending the local Police Station. The Investigating Officer interrogated him and he was released by the Police. Subsequently, the Investigating Officer made an application on 7/2/2017, praying for Police remand against the petitioner no. 1 stating, inter alia, that the petitioner is the prime accused in connection with Chiksaura P.S. Case No. 89 of 2016; against him ample materials had been collected; he had been fleeing here and there to evade arrest. Subsequently, he was arrested following the prevaling law and he should be remanded to judicial custody.