2025:JHHC:11525 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Criminal) No.257 of 2025 ------ Sikandar Nayak, son of Shiv Narayan Nayak, resident of Village Tumbagutu, Karam Toli, P.O. + P.S. Namkum, District Ranchi, Jharkhand. … … Petitioner Versus 1. The State of Jharkhand. 2. The Director General of Police, Jharkhand, Police Headquarter, P.O. + P.S. Dhurwa, District Ranchi, Jharkhand. 3. The Deputy Inspector General of Police, South Chhotanagpur Range, DIG Office, Court Compound, P.O. + P.S. Lalpur, District Ranchi (Jharkhand). 4. The Senior Superintendent of Police, SSP Office, Court Compound, P.O. + P.S. Ranchi, District Ranchi, Jharkhand. 5. The Sub Divisional Police Officer, SDPO Office, Namkum Sub Division, Court Compound, P.O. + P.S. Ranchi, District Ranchi, Jharkhand. 6. The Officer InCharge, Namkum Poilce Station, P.O. + P.S. Namkum, District Ranchi, Jharkhand. 7. Investigation Officer, Namkum P.S. Case No.98/2023, at Namkum Police Station, P.O. + P.S. Namkum, District Ranchi, Jharkhand. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : None present. For the Respondent(s) : Mr. Ravi Prakash Mishra, AC to AAG-II ----- 03/ 16.04.2025 No one appears on behalf of the petitioner. 2. I have gone through the Criminal Writ Petition. 3. 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. 4. 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 2025:JHHC:11525 2 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. 5. Accordingly, this Criminal Writ Petition stands dismissed. (ANANDA SEN, J.) Prashant. Cp-3