Md Helal Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1887 of 2024 In Criminal Writ Jurisdiction Case No.592 of 2021 ====================================================== Md Helal Khan Son of Late Shafi Ahmad Khan Resident of Village Khajurar, P.S.- Bhadaur, District - Patna (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mr. Senthil Kumar, the Secretary, Home, Govt. of Bihar, Patna. 3.

Mr. R.S. Bhatti, the Director General of Police Bihar, Patna. 4.

Mr. Chandra Shekhar Singh, the District Magistrate, Patna. 5.

Mr. Rajiv Mishra, the Senior Superintendent of Police, Patna. 6.

Mr. Raushan Kumar, the Senior Superintendent of Police Rural, Patna. 7.

Mr. Bharat Soni, The Deputy Superintendent of Police, Barh, Patna. 8.

Mr. Ram Anuj Singh, the Officer-in-Charge, Bhadaur, Police Station SubDivision Barh, District-Patna. 9.

Mr. Kundan Kumar, Sub Division Officer , Barh, District-Patna. 10.

Mr. Mahendra Sukla, the Circle Officer, Pandarak Block, Sub-Division Barh, District- Patna.

11.

Mr. Alok Kumar, the Circle Inspector, Pandarak Block, Sub-Division Barh, District- Patna.

12.

Mr. Pankkaj Kumar, the Halka, Karamchari, Sub-Division Barh, DistrictPatna. 13.

Raju Yadav Son of Late Shibu Yadav Resident of Village- Khajurar, P.S. Bhadaur, District - Patna.

14.

Bhaso Yadav Son of Late Shibu Yadav Resident of Village- Khajurar, P.S. Bhadaur, District - Patna.

15.

Bhushan Yadav Son of Late Shibu Yadav Resident of Village- Khajurar, P.S. Bhadaur, District - Patna.

16.

Deepak Singh Son of Ram Anuj Singh Resident of Village- Khajurar, P.S.- Bhadaur, District - Patna.

17.

Shyam Narayan Singh Son of Late Brijlal Singh Resident of VillageKhajurar, P.S.-Bhadaur, District - Patna. 18.

Vinay Singh Son of Late Brijlal Singh Resident of Village- Khajurar, P.S.- Bhadaur, District - Patna.

19.

Mithilesh Singh Son of Late Brijlal Singh Resident of Village- Khajurar, P.S.-Bhadaur, District - Patna.

20.

Gauri Devi Wife of Shiv Balak Yadav D/o - Late Sona Devi and Late Siya Saran Yadav, All sons of Late Shibu Yadav, Resident of Village - Khajurar, P.S. - Bhadaur, District - Patna.

2/4 21.

Md. Nurul Khan Son of Late Khalil Khan Resident of Village- Khajurar, P.S.-Bhadaur, District - Patna.

22.

Isha Khan Son of Late Yasin Khan Resident of Village- Khajurar, P.S.- Bhadaur, District - Patna.

23.

Munna Khan Son of Late Basil Khan Resident of Village- Khajurar, P.S.- Bhadaur, District - Patna.

24.

Bablu Khan Son of Late Basil Khan Resident of Village- Khajurar, P.S.- Bhadaur, District - Patna.

25.

Md. Musha Khan Son of Late Md. Yasin Khan Resident of VillageKhajurar, P.S.-Bhadaur, District - Patna. 26.

Ekbal Khan Son of Late Md. Sahil Khan Resident of Village- Khajurar, P.S.- Bhadaur, District - Patna.

27.

Faishal Khan Son of Sagir Khan Resident of Village- Khajurar, P.S.- Bhadaur, District - Patna.

28.

Basir Khan Son of Sagir Khan Resident of Village- Khajurar, P.S.-Bhadaur, District - Patna.

29.

Humesha Khan @ Gudhi Wife of Basir Khan Resident of Village- Khajurar, P.S.-Bhadaur, District - Patna.

30.

Jafir Khan Son of Sagir Khan Resident of Village- Khajurar, P.S.-Bhadaur, District - Patna.

31.

Munna Khan Son of Basir Khan Resident of Village- Khajurar, P.S.- Bhadaur, District - Patna.

32.

Tauhid Khan @ Rab Nawaz Khan S/o Wasir Khan Resident of VillageKhajurar, P.S.-Bhadaur, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Waliur Rahman Mr.Surendra Prasad Singh For the Opposite Party/s :

Mr. M.N. Hoda Khan, SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-03-2025

1. The present application has been filed for initiating contempt proceeding against the opposite parties for their willful disobedience of the order dated 06.07.2023 passed in Cr.W.J.C. No. 592 of 2021.

2. The aforesaid Cr.W.J.C. was disposed by this court with a direction to the petitioner to file a detailed representation before

3/4 the Superintendent of Police, Patna (Rural) and further direction to the Superintendent of Police (Rural), Patna to look into the matter and take necessary steps in order to protect the petitioner from illegal intervention at the hands of anti social elements in enjoyment of life and property of the petitioner.

3. Learned counsel for the petitioner submits that the order has not been complied and no step has been taken by the opposite parties including the Superintendent of Police, Rural, Patna to protect the life and property of the petitioner.

4. On the other hand, learned counsel for the State referring to the show cause submits that in compliance of the order, a detailed report was called from the concerned S.H.O., Bhadaur by the Superintendent of Police (Rural), Patna who in its report dated 21.10.2023 stated that there is dispute of land and building between the two parties with further statement that necessary protection shall be granted to the petitioner whenever he visits the village for protection of his properties. He further submits that SDPO, Barh-02, Patna vide his letter dt. 10.11.2024 again informed the Superintendent of Police (Rural), Patna that upon enquiry it was found that there was land dispute between the two parties and the S.D.O., Barh vide his letter no. x-37/075518 dated 18.09.2007 has also come to the conclusion that

4/4 there was land dispute between the parties which can only be resolved by the order passed by a competent court of civil jurisdiction. Necessary steps have been taken by the Police to provide protection of life of the petitioner.

5. Considering the aforesaid, I am of the opinion that no contempt is made out inasmuch as the order has been complied.

6. Accordingly, this application is disposed of. (Anil Kumar Sinha, J) praful/- U