Shatrughan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12930 of 2014 =========================================================== Shatrughan Singh, Son of late Deo Singh, resident of Village- Mahanakulli, P.S.- Chanpatiya, District- West Champaran at Bettiah. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Inspector General of Police, Muzaffarpur Zone, Muzaffarpur.

3. The Deputy Inspector General of Police, Muzaffarpur Zone, Muzaffarpur.

4. The District Magistrate, West Champaran at Bettiah.

5. The Superintendent of Police, West Champaran at Bettiah.

6. The S.D.P.O., Sadar Bettiah, West Champaran.

7. The Sergeant Major, Police Line, Bettiah.

8. The S.H.O., P.S.- Chanpatiya, District- Bettiah at West Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma and Mr. Prem Shankar Kumar, Advocates For the State :

Mr. Anant Prasad Singh, S.C. 15 Mr. Sanjay Kumar, A.C. to S.C. 15 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 08-02-2017 Heard learned counsel for the parties.

The petitioner has moved the Court seeking a direction for providing him a bodyguard, or in the alternative to grant him licence for small arms for which he has already applied in January, 2006 itself.

Learned counsel for the petitioner submitted that his father being a whistle blower was murdered pursuant to which he was

Patna High Court CWJC No.12930 of 2014 dt.08-02-2017 2/3 granted protection and he himself is under threat by inimical elements as he is in public life and in fact has also held the post of Mukhiya of his Panchayat. Learned counsel submitted that the decision to withdrawn such cover is arbitrary and if the State cannot provide him such security then at least he should be granted a small fire arm licence so that he can take care of his life and property. Learned counsel for the State submitted that a decision was taken by the District Level Safety Committee, West Champaran on 29.04.2014 and the bodyguard provided to the petitioner was withdrawn. However, with regard to the petitioner's pending application for grant of licence for small fire arm, the counter affidavit is silent.

In view of the aforesaid, the writ petition stands disposed off with a direction to the respondent no. 4 to take a final decision with regard to the application of the petitioner, copy of which has been made Annexure-2 to the writ application, in accordance with law, within two months from the date of production of a copy of this order before him. It goes without saying that all formalities required for such consideration shall have to undergone afresh in view of the long time gap. The petitioner shall also be at liberty to file fresh petition before the respondent no. 4 within one month from today, along with a copy of this order, for providing him

Patna High Court CWJC No.12930 of 2014 dt.08-02-2017 3/3 with a bodyguard, which shall also be considered by the Competent body within the next two months.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U