Judgment N. P. Singh, J. This writ application has been filed on behalf of the petitioner for a writ of mandamus directing the State of Bihar to comply with the previsions of section 167 (1) of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), so that there may be a proper remand of an accused under sub-section (2) of section 167 of the Code. 2. According to the petitioner, because of inaction on the part of the police, the provisions of the Code relating to investigation are not being strictly followed which has resulted in grave injustice to citizen in general who are charged for having committed offences under the different provisions of the Penal Code and other Acts. In other words, whenever an information relating to the commission of a cognizable offence is given to an Officer-in-charge of the Police Station in the State of Bihar, generally after such information is recorded in the form of first information report, no prompt and immediate action is being taken by the police, as required by the provisions of the Collie and as a result of the inaction on the part of the Officer-in-charge of the different police station, several accused persons have to rot in jail for moths and years together. In this connection pointed reference was made to sub-section (I) of section 167 of the Code which is as follows: “167. (I) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds far believing that the accusation or information is well-founded. the officer-in-charge of the police station or the police office making the investigation, if he is not below the Tank of sub-inspector, shall forthwith transmit to the nearest judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate." It was submitted that if the aforesaid provision is followed in its true spirit, then before an accused is forwarded to the Magistrate substantial part of the investigation could be completed because he has to be forwarded along with a copy of the entries in the case diary. 3.
3. According to the petitioner, what is actually happening these days that after lodging of the first information report the accused persons are arrested without there being any proper verification of the statements made in the first information report and then they are produced before the Magistrate who remand them to custody. In the meantime, the investigation proceeds in a leisurely manner and the accused persons have to be produced from time to time before the Magistrate for again being remanded to custody because the investigation is not complete. 4. It was further urged that a general direction be given to the Magistrates concerned not to remand accused persons to custody unless they are produced before them along with a copy of the case diary showing the investigation done before such accused persons are arrested. On principle there should not be any difficulty in accepting this submission. Chapter XII of the Code which relates to investigation by the police, contains provisions which indicate in an unmistakable term that no sooner an information is lodged with the police they are expected to proceed with the investigation immediately and to arrest the accused persons concerned on being satisfied at least in a prima facie manner that such an accused has committed the offence alleged. The provisions further require that the investigation should be completed at an early date. For achieving that end, time limit was fixed in section 167 of the Code on the power of remand exercised by the Magistrates concerned. But, in actual practice, the provisions, referred to above, are being observed more in form than in spirit. The desire of tae framers of the Code have remained only the pious wishes, so far this State is concerned, and one reason or• the other, it could not be achieved in reality. 5. During hearing of different application for bail and writs, on behalf of the State several explanations have been put forward including the shortage of bands, lack of facilities for the investigating officers to proceed to the places of occurrence immediately after receipt of the information of cognizable offenses, lack of coordination between the different agencies which is necessary for completion of an investigation at an early date, The major hurdle in this respect has been mentioned, the lack of appropriate finance to strengthen and form a separate agency for investigation.
But in my view, it is not possible to issue any general direction or mandate to different po1ice station to perform their statutory duty which they are themselves required to perform by the provisions of the Code. The matter would have been, different if the . petitioner had brought to the notice of this court any specific case in this respect. We have been issuing directions whenever this Court is satisfied about inordinate delay in conducting the investigation which is causing great hardship to the accused concerned who is in custody. But, in my opinion, neither it is proper nor it is feasible to issue a writ of mandamus to all investigating agencies to perform their statutory duty in spirit. However, it is expected that the State Government, which is primarily concerned and interested in maintaining law and order, would attach more importance in this respect so that the investigation branch of the police are supplied with all necessary facilities and superior officers are directed to Supervise the investigating agency, so that the object contemplated under the different provisions of the Act, by the framers of the Code are realized. 6. This writ application with the aforesaid observation is accordingly, dismissed. Application dismissed.