Dismissed

Mohan Sao v. the State of Jharkhand and Ors.

Jharkhand HC3 Dec 2020W.P.(Cr.)/1/2015

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to arrest accused persons and order a change of investigating officer, alleging inadequate investigation. The High Court noted a charge-sheet had been filed. Relying on Sections 41 and 73 CrPC, the Court held that arrest is a police and magistrate prerogative requiring specific conditions and documents, and that such relief cannot be granted

What did the court decide?

The writ application was dismissed; no direction to arrest or change of investigating officer was granted.

Mohan Sao Vs the State of Jharkhand and Ors. — Cheque Dishonour | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P(Cr.) No. 1 of 2015

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Mohan Sao …. …. Petitioner(s).

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Versus

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State of Jharkhand

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The Secretary Home Department, Project Building, Dhurwa, Ranchi

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The Superintendent of Police, Gumla

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The Officer-in-charge, Gumla P.S

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The Investigation officer , Gumla P.S …. …. Respondent(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING

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FOR THE PETITIONER(S) : Mr. Sarvendra Kumar, Advocate FOR THE STATE : Mr. Aditya Raman, AC to GA-III

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14/03.12.2020

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Heard learned counsel for the parties through video conferencing. The lawyer have no objection with regard to the proceeding, which has been held through video conference today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.

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In this application, petitioner has prayed to show-cause as to why respondents are not taking steps to arrest the accused person(s) of Gumla P.S. Case No. 336 of 2014. It is also the allegation that investigation is not being done in a proper manner in the aforesaid case. Prayer has also been made to change the investigating officer.

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This is an application under Article 226 of the Constitution of India.

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Counsel for the petitioner(s) submits that accused are not being arrested so a direction may be given to Court below to arrest the accused person(s).

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Counsel for the State submits that charge-sheet has been submitted in this case being Charge-sheet No. 171 dated 30.4.2016.

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The arrest of a person is governed under Chapter-V of the Cr.P.C and also under Chapter-VI of the Cr.P.C. Section 41 Cr.P.C clearly provides that police may arrest the person without a warrant, following certain conditions. As per section 41(1) (a) & 1 (b) if a person who commits a cognizable offence in presence of police officer or against whom there are reasonable complain or credible information received that the person has committed cognizable offence

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-2-

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punishable with imprisonment for a term which may be less than seven years or which may extend to seven years or with a fine may be arrested following certain conditions. Further Section 73 also provides that Magistrate can issue warrant of arrest to any accused of a non-bailable offence and if he is evading his arrest. Thus it is the prerogative of the magistrate and police to issue warrant of arrest and arrest a person accordingly. Many condition are to be followed and documents are to be seen before arresting a person. Relief as sought for by the petitioner cannot be granted by the High Court in exercise of jurisdiction under Article 226 of the Constitution. Thus, I find no ground to grant relief to the petitioner as claimed in this writ application.

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Accordingly, this writ application stands dismissed.

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(ANANDA SEN , J)

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anjali/ C.P 3

Mohan Sao v. the State of Jharkhand and Ors.

Case brief

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Mohan Sao v. the State of Jharkhand and Ors.

Case brief

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