LAWS(PAT)-1986-8-5

ANIL KUMAR JHA Vs. STATE OF BIHAR

Decided On August 25, 1986
ANIL KUMAR JHA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This application has been filed on behalf of the petitioner for a writ of mandamus directing the Superintendent of Police and the Officer in-charge, Bisfi Police Station to complete the investigation of Bisfi Police Station Case No 54 of 1986 and to arrest respondent Mumtaz Mian, who is one of the accused in the aforesaid police case, ignoring the order dated 17.5.1986 issued by the Superintendent of Police (C), Patna.

(2.) According to the petitioner, his father was murdered in the night of 25.4.1986 and a First Information Report was lodged the next day. In the First Information Report, afore said Mumtaz Mian was mentioned as the person suspected to have committed the murder along with others. While the investigation was in progress, the aforesaid order was issued on 17.5.1986 by Superintendent of Police (C), Patna addressed to the Superintendent of Police, Madhubani not to arrest aforesaid Mumtaz Mian till the case is investigated by the Criminal Investigation Department (hereinafter referred to as the C.I.D.). According to the petitioner, the direction not to arrest the accused had been issued only to protect him as he happens to be a son of an Ex-member of Legislative Assembly, which amounts to interference, with an ulterior motive with the statutory right of police to investigate and arrest an accused of a cognizable offence.

(3.) On 3.6 1986, the present writ application was filed. On 4.6.1986, this Court directed the Government Pleader No. V to seek instruction as to how the aforesaid communication dated 17.5.1986 had been issued, directing the Superintendent of Police not to arrest the accused of the case in question, when the police has statutory power to investigate a cognizable offence and to arrest an accused person if a prima facie case is made out against such an accused person, unless the investigation in the meantime has been taken up by some other agency, from the district police.