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Patna High CourtCWJC/9890/2024disposed

Deenanath Singh v. The State Of Bihar

2024-07-11Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9890 of 2024 ====================================================== Deenanath Singh Son of- Sri Kameshwar Prasad Singh R/o- Village- Gonua, P.S.- Darihat, District- Rohtas. At present posted as Police Inspector-cumS.H.O., Sono Police Station, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Deputy Inspector General of Police-cum-Senior Superintendent of Police, Patna.

3.

The Superintendent of Police (Admn.), New Police Line, Patna. 4.

The Superintendent of Police, District- Jamui. 5.

The Registrar, Bihar Human Right Commission Baily Road, Patna. 6.

Rupam Kumari, Daughter of SrikantManjhi, Resident of - VillageDariyapur, P.S.- Dhanrua, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh, Adv.

For the Respondent/s :

Mrs.Anuradha Singh, SC-21 Ms.Nutan Kumari Sharma,, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(a) To quash the order dated 09.01.2024 passed in Case No.- 6841/04/13/2022 by the Member, Human Right Commission, Bihar, Patna by which after holding the petitioner guilty for illegal detention of mother and minor brother of respondent no. 6, while the petitioner was posted as S.H.O., Dhanrua Police Station, District Patna in connection with the Dhanrua P.S. Case No.- 545/2022, direction has been issued to the S.S.P., Patna for taking appropriate action against the

Patna High Court CWJC No.9890 of 2024(2) dt.11-07-2024 2/3 petitioner and submit the report. A copy of order dated 09.01.2024 passed in Case No.- 6841/04/13/2022 is annexed as ANNEXURE - P1 to this application.

(b) To quash the memo no- 82 dated 24.04.2024 issued by the Superintendent of Police, Jamui by which pursuant to order dated 09.01.2024 (Ann1) direction has been issued to the petitioner to submit his show-cause. A copy of memo no.- 82 dated 24.04.2024 is annexed as ANNEXURE - P2 to this application."

2. The only grievance of the petitioner is that before the Senior Superintendent of Police, Patna submits Action Taken Report, before the Bihar Human Rights Commission, Patna, he be granted an opportunity to put forth his defence.

3. The aforesaid contention of the petitioner appears to be reasonable, hence I grant liberty to the petitioner to file his detailed representation before the Senior Superintendent of Police, Patna, by 5 p.m. today, which shall be considered by the Senior Superintendent of Police, Patna, in accordance with law and then he shall submit the Action Taken Report, before the Bihar Human Rights Commission, Patna, by taking an independent view of the matter.

4. At this juncture, the learned counsel for the petitioner also seeks liberty on behalf of the petitioner to appear

Patna High Court CWJC No.9890 of 2024(2) dt.11-07-2024 3/3 before the Bihar Human Rights Commission, Patna on the next date of hearing, i.e. 19.07.2024, so that he can also be heard by the Bihar Human Rights Commission, Patna, before any final decision is taken in the matter. Liberty so sought is granted.

5. The writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U