Anand Kumar v. The State Of Bihar Through Its Home Secretary, Department Of Home, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.312 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Anand Kumar S/o Late Yogendra Yadav, resident of Village- Pothahi, P.O.- Basuhar, P.S. Punpun, District- Patna.

... ... Petitioner

Versus

1.

The State Of Bihar Through Its Home Secretary, Department Of Home, Govt. Of Bihar, Patna 2.

The Director General of Police, Govt. of Bihar, Patna. 3.

The District Magistrate, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The Deputy S.P. Patna Sadar, Patna.

6.

The S.H.O. Punpun, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Singh, Advocate For the Respondent/s :

Mr.Deepak Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and Mr. Deepak Kumar, learned AC to GP-4 for the State. Learned counsel for the petitioner submits that one of his grievances with regard to lodging of the F.I.R. has been redressed but it is his submission that on his representation contained in Annexure '2' none of the authorities have given any consideration.

Learned counsel for the State submits that in fact for the alleged occurrence in which the petitioner and the villager had blocked the road N.H. 30 near Pothahi railway station after keeping the dead body of the father of the petitioner, one F.I.R.

Patna High Court CR. WJC No.312 of 2018(2) dt.19-12-2022 2/2 was lodged by police in which the petitioner has been made accused. It is for this reason that the petitioner has lodged the complaint against the A.S.I. namely Rajesh Kumar. Be that as it may, this Court is of the considered opinion that the version of the petitioner as contained in Annexure '2' to the writ application was required to be considered even for prima facie opinion by the concerned authorities.

In these circumstances, this Court directs the Senior Superintendent of Police, Patna to look into the grievances of the petitioner as contained in Annexure '2', examine the same and take an appropriate view of the matter based on the materials available. For this purpose, if required, the petitioner may also be given an opportunity. Such decision be taken within a period of three months from the date of communication of this order.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) tusharika/- U