Nisat Alam v. The State Of Bihar Through The Director General Of Police, Government Of Bihar, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1118 of 2014 ======================================================

1. Nisat Alam Son of Late Nizamuddin resident of Mohalla - New Sir Syed Colony, near E.B. Star Market, Club Road, Mithanpura, P.S. - Mithanpura, Post - Ramna, District : Muzaffarpur .... Petitioner

Versus

1. The State of Bihar Through The Director General of Police, Government of Bihar, Patna.

2. The Inspector General of Police, Tirhut Division, Muzaffarpur.

3. The District Magistrate, District - Muzaffarpur.

4. The Senior Superintendent of Police, District - Muzaffarpur.

5. The Sub-Divisional Officer, East District - Muzaffarpur.

6. The S.H.O. Mithanpura Police Station, District - Muzaffarpur.

7. Md. Tazim Son of Md. Touhid Resident of Mohalla - Hazi Colony, Mithanpura Chowk, P.O. - Ramna, P.S. - Mithanpura, District - Muzaffarpur.

8. Md. Meraj Ansari Son of Md. Sarfuddin Ansari (Proprietor of Steel Furniture Unit), Resident of Mohalla - New Sirsyed Colony, near E.B. Star Market, Club Road, P.S. - Mithanpura, Post - Ramna, District - Muzaffarpur.

9. Devendra Kumar Gupta Son of Late Laxmi Sah.

10. Tej Narayan Jha Son of Sakhanti Jha Both residents of Mohalla - New Sirsyed Colony, near E.B. Star Market Club Road, P.S. - Mithanpura, Post - Ramna, District - Muzaffarpur .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Jitendra Kumar Giri, Advocate For the Respondents : Mr. Ritesh Kumar(Sc-33) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 23-06-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for issuing a writ in the nature of mandamus commanding the State to provide protection and personal liberty to the petitioner and his close relatives. However, in the entire petition there is no mention that who are the near relatives. The allegation in paragraph 9 of the petition has been made is general and omni bus alleging that the respondents have started making criminal activities against the petitioner and his closest relations as much as the respondents started several illegal activities, but, there is no mention of any act that what act of omission and commission

Patna High Court Cr. WJC No.1118 of 2014 (2) dt.23-06-2015 has been asserted though it has been asserted that a proceeding under Section 133 of the Criminal Procedure Code has been initiated for the nuisance caused by the respondents for installing the steel furniture unit near the house of the petitioner. It has been submitted that the State administration is not taking any step for the protection of the life and property of the petitioner, but, it has not been mentioned that what type of protection if needed and there is no mention, with specific allegation, what act of commission and omission has been made by the respondents, except a general and omni bus allegation that they are being threatened and several illegal activities have been committed.

Having regard to the fact, this petition is disposed off with the liberty to the petitioner, as and when situation requires, he may approach the Subdivisional Officer, East, Muzaffarpur, and if the petitioner approaches for any nuisance, the Subdivisional Officer shall take care of the matter in accordance with law.

(Gopal Prasad, J) SA/- U √ T √