Arman Ali v. The State Of Bihar, Through The Chief Secretary, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.518 of 2017 Arising Out of PS. Case No.-273 Year-2009 Thana- ALAMGANJ District- Patna ====================================================== Arman Ali son of Late Matiur Rahman, R/v Badarghat, S.D.O. Lane, P.S.- Alamganj, P.O.- Guljarbagh, District- Patna.

... ... Petitioner

Versus

1. The State Of Bihar, Through The Chief Secretary, Government Of Bihar, Patna

2. The Home Secretary, Government of Bihar, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Director General of Police, Bihar Patna.

5. The City Superintendent of Police, East Patna City, Patna.

6. The Assistant Superintendent of Police, Patna City, Patna.

7. The Dy.S.P., Patna City, Patna.

8. The Officer in charge of Alamganj Police Station, Patna.

9. Keshwar Begum HOD English, D/o Late Syed Emam Ali, W/o- Aabid Imam, Oriental College, Patna City at present S.D.O., Bhadraghat, P.S. Alamganj, District- Patna.

10. Shebaz Begum, D/o- Syed Imam Ali, Gr. D/o- Late Syed Mubarak Ali, R/v- River View, S.D.O. Lane, Badarghat, P.O. Guljarbagh, P.S.- Alamganj, Patna City, Patna at present Thorn Back Avenue, L389EY, High Town, Liver Pool, United Kingdom (U.K.) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr. Kumar Shanu, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-11-2022 No one appears for the petitioner to press this application. Mr. Kumar Shanu, learned AC to AG appears for the State.

Petitioner in the present case is seeking a direction to the official respondents to protect the life and liberty of the petitioner from respondent second set.

In the writ application, certain allegations have been made against the private respondents but this Court would not go

Patna High Court CR. WJC No.518 of 2017(4) dt.02-11-2022 2/2 into the merit of the allegations in the present proceeding. It appears that the cases were lodged in the year 2009 and 2012. It appears from the statements made in the writ application that so far as Alamganj P.S. Case No. 228 of 2012 is concerned, in the said case the I.O. is said to have filed a final form no. 228 of 2012 showing that it is a case of mistake of fact and the said final form has been accepted by the learned A.C.J.M., Patna City vide order dated 16.06.2015 (Annexure '13').

It further appears that the parties are also litigating in title suit no. 312 of 2012.

In the given facts and circumstances of the case, without going into the merit of the rival allegations, this Court is of the considered opinion that the writ application may be disposed of giving liberty to the petitioner to seek her remedy before the Senior Superintendent of Police, Patna (Respondent No. 3) who may, in case, any application is filed seeking protection to life and liberty of the petitioner, consider the veracity of the same and take appropriate steps within a reasonable time.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.