IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1502 of 2019
Arising Out of PS. Case No.-255 Year-2018 Thana- RAXAUL District- East Champaran
NEHA KUMARI D/o Narmdeshwar Prasad @Narmdeshwar Prasad
Srivastava Resident of Village – Shukla Colony, Pankaj Chowk, Ward No. 8,
P.S.- Raxaul, Distt – East Champaran Motihari.
… … Petitioner/s
1. THE STATE OF BIHAR THROUGH THE DITRCTOR GENERAL OF
POLICE, BIHAR, PATNA
2. The Director General of Police, Bihar, Patna
3. The Superintendent of Police, East Champaran Motihari
4. The Dy. S.P Raxaul, East Champaran Motihari
5. The Officer In Charge of Raxaul, East Champaran.
… … Respondent/s
For the Petitioner/s : Mr.Sharda Nand Mishra
For the Respondent/s : Mr.M. Nasrul Huda Khan
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
Date : 15-11-2019
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The present writ petition has been filed for a
direction to the respondents “to arrest the accused persons, who
are accused in Raxaul P.S. Case No. 255/2018 lodged dated
10.09.2018 u/s 342, 323, 498A, 504,506, 34 SectionIPC since date of
lodging FIR, accused Upendra Kumar Srivastava @ Upendra
Kumar is absconding.”
3. Learned counsel for the petitioner submits that even
after lapse of more than a year since institution of the FIR, the
accused Upendra Kumar Srivastava @ Upendra Kumar has been
absconding after his anticipatory bail petition rejected on
04.04.2019. The petitioner therefore seeks a direction for arrest
Patna High Court CR. WJC No.1502 of 2019 dt.15-11-2019
of the said accused persons. It is stated that the investigation is
going on and charge sheet has not been filed till date.
4. It is well settled that investigation of police
pursuant to institution of the FIR falls within the exclusive
domain of the executive. The police has adequate power to arrest
the accused person and in case the accused person is absconding
the procedure to be followed in such cases has been laid down inSection
the Code of Criminal Procedure and the police may approach the
Court for issuance of processes under Section 82 and Section83 Cr.P.C.,
no interference by this Court in exercise of its extraordinary writ
jurisdiction is called for.
5. The writ petitions stands dismissed.
(Vikash Jain, J)
CAV DATE NA
Uploading Date 16.11.2019
Transmission Date 16.11.2019