Lal Babu Ram @ Lal Babu Prasad v. The State Of Bihar Througjh The Chief Secretary Govt. Of Bihar , Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1189 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Lal Babu Ram @ Lal Babu Prasad S/o - Late Ram Jatan Ram resident of Village - Suitha, P.S. Parsa Bazar, District - Patna. ... ... Petitioner

Versus

1.

The State Of Bihar Througjh The Chief Secretary Govt. Of Bihar , Patna 2.

D.G. of Police, Bihar, Patna.

3.

D.I.G. Patna.

4.

Senior S.P. Patna.

5.

Rural S.P. Patna.

6.

S.H.O. Parsa Bazar Police Station District Patna. 7.

I.G. Registration, Bihar, Patna.

8.

Collector, Patna.

9.

Additional Collector, Patna.

10.

District Additional Registrar, Land Registration, Patna. 11.

Additional Registrar, Land Registration, Phulwarisharif, Patna. 12.

Kishore Ram S/o - Late Mahavir Ram resident of Village - Gonpura, P.S. - Phulwarisharif, District - Patna.

13.

Sudhir Kumar S/o Late Ram Pravesh Singh resident of Village - Suitha, P.S. Parsa Bazar, District - Patna.

14.

Bijay Kumar S/o Late Surendra Singh resident of Village - Suitha, P.S. Parsa Bazar, District - Patna.

15.

Sharwan Kumar S/o Abdhesh Singh resident of Village - Suitha, P.S. Parsa Bazar, District - Patna.

16.

Krishna Kumar S/o Late Ram Dayal Singh resident of village - Palanga, P.S. Parsa Bazar, District - Patna.

17.

Brajesh Kumar S/o Shailendra Singh resident of village - Palanga, P.S. Parsa Bazar, District - Patna.

18.

Pankaj Kumar S/o Ramesh Singh resident of village - Parsa Bazar, P.S. Parsa Bazar, District - Patna.

19.

Moti Lal Singh S/o - Late Chamra Singh resident of Village - Suitha, P.S. Parsa Bazar, District - Patna.

20.

Pintu Kumar S/o Madheshwar Singh resident of Village - Suitha, P.S. Parsa Bazar, District - Patna.

21.

Ram Pravesh Singh S/o - Bipat Singh resident of Village - Suitha, P.S. Parsa Bazar, District - Patna.

22.

Bharat Kumar S/o Surya Deo Ram resident of Village - Suitha, P.S. Parsa Bazar, District - Patna.

23.

Dablu Singh S/o Late Ram Pravesh Singh resident of Village - Suitha, P.S.

Patna High Court CR. WJC No.1189 of 2017(2) dt.15-11-2022 2/3 Parsa Bazar, District - Patna.

24.

Virendra Kumar S/o Sri Dilip Singh resident of village - Palanga, P.S. Parsa Bazar, District - Patna.

25.

Mritunjay Kumar S/o Shyam Narain Singh resident of village - Shivnagar, Punpun, Nurmohidinpur, P.S. Parsa Bazar, District - Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ebrahim Kabir, Advocate For the Respondent/s :

Mr.Kumar Shanu, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and Mr. Kumar Shanu, learned AC to AG for the State.

Learned counsel for the petitioner is unable to demonstrate from the averments made in the writ application that at any point of time the petitioner had made a complaint with the jurisdictional police station as regards any threat to his life and property.

In the counter affidavit, the respondent nos. 7 to 11 have therefore rightly taken a plea that if the petitioner would have got any grievance he could have taken appropriate steps including lodging of FIR in the nearest police station. To this Court, it appears that the petitioner has rushed this Court in it's writ jurisdiction in a hurry. Learned counsel is unable to demonstrate that prior to filing of the writ application the petitioner had made any complaint before the police authorities or the competent court.

Patna High Court CR. WJC No.1189 of 2017(2) dt.15-11-2022 3/3 At this stage, learned counsel for the petitioner points out that the petitioner had earlier filed a complaint case no. 1699/2015 against three persons alleging therein that on 01.05.2015 while the complainant was returning home from PMCH after completing his duty, he was surrounded by the three persons named in the complaint and they asked him to withdraw Title Suit No. 190/2015. It is alleged that when the petitioner refused to do so, he was assaulted. Learned counsel for the petitioner is however not aware as to what happened to the said complaint case. Be that as it may, the fact remains that as regards his claim that he is under threat, he had not filed any complaint with the police authorities. Thus, no direction may be issued to the respondent authorities at this stage. If the petitioner has any threat to his life and property, he may bring it to the notice of the competent authority/jurisdictional police station for inquiry and taking needful steps.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.