Abhay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2522 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Abhay Kumar S/o Late Krishna Mohan Singh, R/o Village- Rohua Rajaram, Anchal and P.S.- Mushari, District- Muzaffarpur. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Senior Suprintendent of Police, Muzaffarpur.

3.

Station House Officer, Mithanpura P.S., District- Muzaffarpur. 4.

Anchal Adhikari, Anchal- Mushari, District- Muzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Natraj Verma, Advocate For the Respondent/s :

Mr.Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-12-2022 Heard Mr. Natraj Verma, learned counsel for the petitioner and Mr. Saroj Kumar Sharma, learned AC to AAG-3 for the State.

Petitioner in this case is seeking a direction to the respondents to protect his life and property from the hands of anti-social elements.

Learned counsel for the petitioner has taken this Court through the order dated 12.09.2017 passed in Case no. M-2529 of 2016/ Trial No. 72 of 2017 by the Executive Magistrate (East), Muzaffarpur under Section 145 of the Code of Criminal Procedure.

This Court has been shown that by the said order, the second party has been restrained from going on the land in

Patna High Court CR. WJC No.2522 of 2017(2) dt.01-12-2022 2/2 question and they have been asked not to create any disturbance on the land which is in real possession of first party no. 2. In course of hearing, however, learned counsel is unable to say as to whether there is any title suit or any other proceeding arising out of the said order is pending in any competent court of law.

Learned counsel for the State has submitted that the case is of the year 2017.

Having regard to the facts and circumstances of the case, in the nature of the submissions made before this Court, it would not be safe for this Court to proceed on the basis of incomplete information. This Court would rather grant liberty to the petitioner that in case, any fresh cause of action arises, he may bring it to the notice of the jurisdictional police station and the Senior Superintendent of Police, Muzaffarpur who will look into the materials placed before him and in case it is found that there is any need to protect the life and property of the petitioner, appropriate decisions shall be taken thereon within a reasonable period .

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