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Judgment
7 paragraphs · 148 wordsAnanda Sen, J.
No one appears on behalf of the petitioner.
I have gone through the Criminal Writ Petition.
In this Criminal Writ Petition, the petitioner has prayed to direct the Investigating Officer of Namkum P.S. Case No.98 of 2023, registered for offences under Sections 302, 201 and 120B IPC, to arrest one Vijay Nayak, who according to him is the main accused.
Whether to arrest an accused or not is absolutely the prerogative of the Investigating Officer. There has to be sufficient material to arrest the person. Without there being any material, a
person cannot be arrested nor the High Court under Article 226 of the Constitution of India, can give any direction to the Investigating Officer to arrest any person who has been implicated in a criminal case. Thus, this writ petition is misconceived.
Accordingly, this Criminal Writ Petition stands dismissed.