Bhola Singh v. The State Of Bihar Through The Director General Of Police, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1098 of 2019 Arising Out of PS. Case No.-40 Year-2018 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Bhola Singh son of Late Saligram Singh, Resident of Village - Saraiya, P.S.- Jairampur, Dist.- Sheikhpura.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Director General of Police, Bihar, Patna 2.
The D.I.G. Munger.
3.
The District Magistrate, Sheikhpura.
4.
The Superintendent of Police, District - Sheikhpura. 5.
The Deputy Superintendent of Police, Sheikhpura. 6.
The Officer-in-charge, P.S.- Jairampur, Dist.- Sheikhpura. ... ... Official Respondents 7.
Ram Briksh Singh son of Late Narayan Singh, 8.
Sambhu Shankar Singh son of Ram Briksh Singh 9.
Dani Singh son of Ram Briksh Singh All are resident of village - Saraiya, P.S.- Jairampur, Dist.- Sheikhpura.
... ... Pvt. Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rishikesh Ojha, Advocate For the Respondent/s :
Mr.Sheo Shankar Prasad,SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 22-07-2019 The defect, as pointed out by the registry, is ignored.
2.
Para-1 of the writ petition reads as under:- " That through this Cr. writ petition the petitioner seeks Indulgence of this Hon'ble Court for Issuance of an appropriate writ in the nature of mandamus commanding and directing
2/4 the Official Respondents to perform their duty in the light of statutory provisions and protect the life and property of the petitioner's family which is in danger and petitioner family suffer with trouble due to illegal Act of the Pvt. Respondents who is renound criminal in the society and having criminal antecedent. Other Co-villages also lodged F.I.R. against Pvt.
Respondents due to their illegal and dare devil Act against them. In this matter the Pvt. Respondent after making the forged sale deed in concern of petitioner's land, forcefully tried to grab the land in connivance with official respondents and after got information when petitioner came from Delhi and protest the same before the Official respondents as well as Pvt. respondents thereafter being aggrieved Pvt.
respondents threatened the petitioner that if they informed the Administrative Officers regarding the same; they will killed their family, in spite of that the petitioner given various application before the Officials Respondents mainly District Magistrate, Sheikhpura (Official Respondent No.2); The Superintendent of Police, Sheikhpura
3/4 (Official Respondent No.3), Officer Incharge of Jairampur Police Station (Official Respondent No.5); and also given various informatory petition before learned C.J.M. Sheikhpura and prayed for provide protection from the Pvt. Respondents but the Official respondents have not taken any steps and after got information Pvt.
Respondent being aggrieved started Marpit with petitioner and the members of his family resultant petitioner lodged F.I.R. against them vide Jairampur P.S.
Case No.35 of 2018 and Jairampur P.S.
Case No.40/2018 but after lodging the F.I.R. the official respondents mainly respondent No.5 has not taken any legal Act against the accused persons due to the ignorance attitude the private respondent became dare devil and alongwith other unsocial elements cutting the crops of the petitioners and after protest Pvt. Respondents brutally bitten the petitioner and there care takers. The petitioner again informed the Official respondents regarding the same and also informed the learned Court through protest petition but till now neither official respondents or learned court below has taken any steps
4/4 for provide protection to the petitioner and his family or protect their property.
So, being fed up from the ignorance of the Official respondents, petitioner decided to file this Criminal Writ for the above reliefs."
3.
The pleadings made by the petitioner is vague. Several disputed facts have been averred in the application. On reading the entire application, though it is extremely difficult to comprehend anything, it appears that he has a grievance against the private respondents and he apprehends threat to his life at their hands. If that is so, the petitioner may approach the District Level Security Committee for police protection as threat perception can be assessed by the administrative authorities and not by the court. 4.
With the aforesaid observations, the writ petition is disposed of.
(Ashwani Kumar Singh, J) Md. S/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.07.2019 Transmission Date 25.07.2019