Dismissed

Neha Kumari v. the State of Bihar through the Ditrctor General of Police, Bihar, Patna

Patna HC15 Nov 2019CR. WJC/1502/2019

Case brief

AI extract

What is this about?

This petition sought a direction to arrest an accused person alleged to be absconding in a domestic violence case. The Court held that investigation and arrest fall within the police's exclusive domain, precluding judicial interference. The petition was dismissed.

What did the court decide?

Direction to arrest the accused was refused as investigation and arrest are the exclusive domain of the police.

Neha Kumari Vs the State of Bihar through the… — Writ and Judicial Review | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1502 of 2019

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Arising Out of PS. Case No.-255 Year-2018 Thana- RAXAUL District- East Champaran

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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.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR THROUGH THE DITRCTOR GENERAL OF POLICE, BIHAR, PATNA

The Director General of Police, Bihar, Patna

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The Superintendent of Police, East Champaran Motihari

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The Dy. S.P Raxaul, East Champaran Motihari

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The Officer In Charge of Raxaul, East Champaran.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sharda Nand Mishra For the Respondent/s : Mr.M. Nasrul Huda Khan

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT

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Date : 15-11-2019

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Heard learned counsel for the petitioner and learned

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counsel for the respondents.

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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 IPC since date of lodging FIR, accused Upendra Kumar Srivastava @ Upendra Kumar is absconding.”

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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

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Patna High Court CR. WJC No.1502 of 2019 dt.15-11-2019 2/2

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of the said accused persons. It is stated that the investigation is going on and charge sheet has not been filed till date.

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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 in the Code of Criminal Procedure and the police may approach the Court for issuance of processes under Section 82 and 83 Cr.P.C., no interference by this Court in exercise of its extraordinary writ jurisdiction is called for.

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The writ petitions stands dismissed.

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(Vikash Jain, J)

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Chandran/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	16.11.2019
Transmission Date	16.11.2019

Neha Kumari v. the State of Bihar through the Ditrctor General of Police, Bihar, Patna

Case brief

What is this about?

What did the court decide?

Neha Kumari v. the State of Bihar through the Ditrctor General of Police, Bihar, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

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