MUNNI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is informant of Bhairav Asthan P.S. Case No.86 of 2018 registered under Sec. 363 and 366A of the Indian Penal Code. She has filed the instant writ petition under Article 226 and 227 of the Constitution of India for directing the respondents to arrest all the accused persons named in the aforesaid Bhairav Asthan P.S. Case No.86 of 2018. She has further prayed that a direction be issued to the police to submit charge- sheet against all the accused persons named in the First Information Report (for short 'FIR').

(2.) Learned counsel appearing for the petitioner submitted that the daughter of the informant was abducted by the accused Bauaji Yadav, Mahendra Yadav, Ramanji Yadav and others on 24/7/2018. Thereafter, a complaint was made to the local panchayat, but the accused persons failed to turn up in the panchayati. Subsequently, on 3/8/2018, an FIR was instituted against the aforesaid three named accused persons under Ss. 363 and 366A of the Indian Penal Code. Till date, the daughter of the petitioner has not been recovered. The petitioner has information that her daughter has been married to some unknown persons and her safety and security is at risk. He contended that in view of the allegations made in the FIR, it was incumbent upon the police to submit charge-sheet against the named accused persons, but, till date, the police have not submitted their report before the Court. They have also failed to arrest accused persons named in the FIR.

(3.) Per contra, learned counsel appearing for the State submitted that during pendency of the investigation, it would not be proper for this Court to issue any direction either for arrest of the accused persons or for submitting charge-sheet against them. He contended that though there is allegation of abduction, the allegation needs to be investigated upon. Unless the culpability of the accused persons is found in the offence, the police are not required to mechanically arrest the persons named in the FIR.