Ravindra Kumar v. The State Of Bihar, Through Director General Of Police, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1102 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Ravindra Kumar Son of Late Ram Bilash Singh Resident of Village - Khilchinpur Makhdumpur, P.S.- Digha, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar, through Director General of Police, Bihar, Patna. 2.

The Director General of Police, Bihar, Patna. 3.

The Senior Superintendent of Police, Patna.

4.

The Officer In-Charge, Police Station Maner, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagdish Prasad Singh, Advocate For the Respondent/s :

Mr. Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-12-2022 From the statements made in paragraph '8' of the show-cause filed on behalf of the Senior Superintendent of Police, Patna, it appears that after the last order of this Court, Maner Police Station Case No. 837 of 2022 has been registered on 24.11.2022.

It is further stated in paragraph '7' that an explanation was sought for from the Station House Officer, Maner Police Station and on finding that the same was not satisfactory, the departmental proceeding vide Departmental Proceeding No. 190 of 2022 dated 30.11.2022 has been initiated against him for not instituting the First Information Report even after receipt of the order of the learned ACJM, Danapur, Patna.

This Court finds that in view of the averments made

Patna High Court CR. WJC No.1102 of 2022(3) dt.06-12-2022 2/3 in paragraphs '7' and '8' so far as the reliefs prayed in this writ application are concerned, the same have been made available to the petitioner but the Court is concerned with several such cases coming to this Court.

In one of the reviews held by this Court very recently, it has been found that about three hundred writ applications are pending in this Court with a prayer to direct the Court to register FIR.

At this stage, this Court is not aware whether in all such cases there is an order of the learned CJM or the learned Magistrate under Section 156(3) Cr.P.C. but this Court would expect that the Senior Superintendent of Police, Patna should direct all the concerned Police Stations to look into this aspect of the matter and in case it is found that despite the order of the learned CJM/ACJM/Magistrate, if the FIR has not been registered, appropriate instruction be issued and inaction on the part of the police stations must be viewed strictly. For the present with the aforesaid observations, this writ application is being disposed of.

Let a copy of this order be communicated to the Senior Superintendent of Police, Patna.

At this stage, learned counsel for the petitioner has

Patna High Court CR. WJC No.1102 of 2022(3) dt.06-12-2022 3/3 drawn the attention of this Court towards the statements made in the supplementary affidavit. Learned counsel submits that after this Court passed the order dated 24.11.2022, several persons are making pressure upon the petitioner saying him to make a written statement before the S.H.O, and learned counsel submits that the petitioner is being pressurized to sign a settlement. Let this aspect be also examined by the Senior Superintendent of Police, Patna. In case, the petitioner represents seeking protection to his life and liberty, the same shall also be examined with some sense of urgency and appropriate decision thereon shall be taken.

(Rajeev Ranjan Prasad, J) lekhi/- U T