Patna High Court
RAKESH KUMAR SINHAversusTHE STATE OF BIHAR THROUGH ADDL. CHIEF SECRETARY-CUM-PRINCIPAL SECTT. DEPTT. OF HOME, BIHAR
- Decided
- Disposal
- WITHDRAWN
- Bench
- JITENDRA KUMAR
Holding
The Court held that the police have discretion to decide on arrest and a writ of mandamus is not the appropriate remedy, leading to dismissal of the petition as withdrawn.
Summary
Petitioner Rakesh Kumar Sinha filed a writ of mandamus in the Patna High Court seeking an order directing the police to arrest the accused in FIR No. 237 of 2019, which involved offences under Sections 302, 201 read with Section 34 of the Indian Penal Code. The Court observed that the decision to arrest is an integral part of police investigation and lies within the police's discretion. It further noted that if the police fail to conduct a proper investigation, the appropriate remedy is to approach the Judicial Magistrate, who monitors investigations. Consequently, the Court allowed the petitioner to withdraw the petition and seek remedial measures before the Judicial Magistrate. The petition was therefore dismissed as withdrawn.
Issues considered
- Whether a writ of mandamus can be issued to compel the police to arrest an accused in an ongoing investigation
- Whether the court can intervene in the police's discretion to arrest under the Indian Penal Code
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- writ of mandamus
- police discretion
- arrest
- investigation
- judicial magistrate
- IPC 302
- IPC 201
- IPC 34
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1723 of 2019
Arising Out of PS. Case No.-237 Year-2019 Thana- SHERGHATI District- Gaya
======================================================
Rakesh Kumar Sinha, Son of Late Shyamdeo Lal @ Shyamdeo Narayna
Sinha, Resident of Village- Bhawanipur, P.O. and P.S.- Deo, Dist-
Aurangabad.
... ... Petitioner/s
Versus
1. The State Of Bihar Through Addl. Chief Secretary-Cum-Principal Sectt.
Deptt. Of Home, Bihar Govt. Of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Inspector General of Police, Bihar, Patna
4. The Deputy Inspector General of Police, Magadh Division, Gaya.
5. The Superintendent of Police, Gaya.
6. The Station House Officer, Sherghati Gaya.
7. Mr. Ram Pukar Chaudhary, The then Investigating Officer, Police Station
Sherghati, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma, Advocate.
For the State : Mr. Iqbal Asif Niazi, AC to G.P.-5
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
5 03-02-2026 The present petition has been preferred by the
petitioner for writ of mandamus directing the respondent Police
Authority to arrest the named accused in Sherghati P.S. Case
No. 237 of 2019, instituted for the offences punishable under
Sections 302, 201 read with Section 34 of the Indian Penal
Code.
2. Arrest of any accused in any FIR is a part of
investigation. It is for the Police to decide whether the accused
has to be arrested or not and if the police is not taking steps for
Patna High Court CR. WJC No.1723 of 2019(5) dt.03-02-2026
2/2
proper investigation, it is learned Judicial Magistrate, who is
duty bound to monitor it to ensure proper and fair investigation.
Hence, the party has efficacious remedy to move learned
Judicial Magistrate to ensure proper and fair investigation
including arrest, if required.
3. Hence, at this stage, learned counsel for the
petitioner is seeking permission to withdraw the present petition
with liberty to take remedial measure before learned Judicial
Magistrate.
4. Accordingly, the present petition is dismissed as
withdrawn with the aforesaid liberty, as sought for by the
petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T
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