Shailendra Kumar Singh v. The State Of Bihar Through The Chief Sectty. Govt. Of Bihar Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.122 of 2020 ====================================================== Shailendra Kumar Singh S/o Kesho Prasad Singh, Resident of Village- Simri Khurd, P.S.- Kutumba, Distt- Aurangabad (Bihar), at present residing at Mohallah- Kashidih Bagan, No.04, Line No.01, Sakchi, Near Durga Maidan, P.O. and P.S.- Sakchi, Kalimali, Distt- East Singhbhum (Jharkhand) ... ... Petitioner
Versus
1.
The State of Bihar through the Chief Secretary. Govt. of Bihar, Patna, Bihar 2.
The Principal Secretary, Home Department, Government of Bihar, Patna Bihar 3.
The Director General of Police, Government of Bihar, Patna 4.
The Inspector General of Police (Magadh Division), Gaya. 5.
The District Magistrate, Aurangabad. Bihar 6.
The Superintendent of Police, Aurangabad.
7.
The Sub Divisional Magistrate, Aurangabad.
8.
The Sub Divisional Police Officer, Aurangabad. 9.
The Circle Officer, Kutumba, Distt- Aurangabad. 10.
The Station House Officer, Kutumba Police Station, Distt- Aurangabad (Bihar) ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar For the Respondent/s :
Mr.Manish Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner prays for issuance of writ in the nature of mandamus directing the respondents to provide him and his family members police protection every year during agriculture period of sowing and reaping/harvesting the crops because of threat perception given by the anti-social elements, who wants
Patna High Court CR. WJC No.122 of 2020(2) dt.04-02-2020 2/3 to grab the ancestral land of the petitioner. The petitioner further prays for directing the respondents to redress the grievance permanently so that he may be able to perform his agricultural work every year peacefully without any fear.
Learned counsel for the petitioner submits that the Sub Inspector of Police of Kutumba Police Station, Aurangabad has sent a report to the Sub Divisional Magistrate on 16.07.2019 regarding the threat perception to the present petitioner on 19.08.2014 itself and such threat perception exists given on date, which is evident from a report (Annexure-9 to the writ petition).
In view of information/ report submitted by the SubInspector of Police of Kutumba Police Station, this Court directs the District Magistrate, Aurangabad to initiate a fresh enquiry in the matter by bringing it to the knowledge of the Superintendent of Police, Aurangabad, who will constitute a team/committee with regard to the present state of affairs and existing threat perception against the petitioner, as appears from Annexure, referred to herein above. If after inquiry regarding threat perception against the petitioner is found true, the District Magistrate, Aurangabad shall take immediate steps to provide police protection to restrain the anti-social elements from giving
Patna High Court CR. WJC No.122 of 2020(2) dt.04-02-2020 3/3 threat perception to the present petitioner and his family members after placing it before the Committee in accordance with law.
With above observation and direction, the writ petition stands disposed of.
(Anjana Mishra, J.) nawalkrs/- U T