Ashutosh Kumar Baranawal v. The State Of Bihar Through The D.G.P. Bihar Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.286 of 2023 Arising Out of PS. Case No.-799 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== ASHUTOSH KUMAR BARANAWAL S/O OM PRAKASH BARANAWAL R/o- Purani Gudari, P.S.- Bettiah Town, District- W. Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar through the D.G.P. Bihar Patna 2.
The Police Superintendent West Champaran at Bettiah 3.
The S.H.O. Betttiah Mahila Police Station W. Champaran 4.
The S.H.O. Muffasil Police Station at Bettiah District West Champaran 5.
D.I.G Champaran Range at Bettiah West Champaran 6.
Ashok Kumar S/O Late Jiyalal Prasad R/V- Kahtrwa, P.S.- Shivhar DistrictShihar At Present R/O Police Center P.S. Muffasil District- West Champaran 7.
Gayatri Devi W/O Durgesh Yadav R//V- Jaukatiya P.S.- Majhauliya, District- West Champaran ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhannjay Kumar No 2, Advocate For the Respondent/s :
Mr. Suman Kumar Jha, AC to AAG-III ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner
2. In the nature of order proposed to be passed in the present writ application, no notice is being issued to respondent nos. 6 and 7.
3. Petitioner in the present writ application is seeking direction upon the respondent no.1 and 2 for proper investigation of Muffasil P.S. Case No.799/2022 and Mahila P.S. Case No. 24/2022 lodged against the petitioner who is a journalist through Special Team of Police or any independent
Patna High Court CR. WJC No.286 of 2023(3) dt.12-10-2023 2/3 agency like CID of Bihar and further he prays for clubbing of both the FIRs as those were lodged for one news published.
4. The grievance of the petitioner is that being Bureau Chief of News-9 Times Agency in the district of West Champaran, the petitioner had called the SHO of the Majhauliya police station in the district of West Champaran for verification and his reaction on the viral videos and photographs. Petitioner claims that he had taken interview of some co-villagers of the lady and another persons in the locality of the said police station and had prepared a news. It is alleged that the petitioner has been made accused in two FIRs and in connection with the FIRs he is being called to the police station and is made to wait there for the whole day and then he is asked to go and come again.
5. Learned counsel for the petitioner submits that on the one hand, the cases against him are not being properly investigated and at the same time, petitioner is facing harassment by calling him to be present in person in the police station.
6. Learned counsel for the State is present and submits that in the nature of the grievance of the petitioner, this matter may be sent to the Superintendent of Police, West Champaran at Bettiah to take a review and issue appropriate instruction to the
Patna High Court CR. WJC No.286 of 2023(3) dt.12-10-2023 3/3 police authorities.
7. Having regard to the grievance of the petitioner and the stand of the respondent-State, this Court directs the Superintendent of Police, West Champaran at Bettiah (respondent no.2) to consider the grievance of the petitioner, give him a hearing within two weeks from today and issue appropriate instructions in the matter to ensure proper and fair investigation of the cases pending against the petitioner, the police officers who may be found involved in harassing the petitioner be kept outside the investigation and the respondent no.2 shall issue all other appropriate instructions which may be required in the interest of justice.
8. This writ application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J) Rishi/- U T