Sahadat Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1994 of 2016 =========================================================== Sahadat Hussain, son of late Hajri Ali, resident of Village - Bartali Kala, Police Station - Chenari, District - Rohtas .... .... Petitioner/s

Versus

1 The State of Bihar through Chief Secretary, Government of Bihar, Patna 2 The Director General of Police, Bihar 3 The Home Secretary, Government of Bihar, Patna 4 The Deputy Inspector General of Police, Shahabad Range, Rohtas 5 The District Magistrate, Rohtas at Sasaram 6 The Superintendent of Police, Rohtas at Sasaram 7 As the Subdivisional Police Officer, Rohtas 8 The Officer-in-Charge, Chenari Police Station, District - Rohtas, Sasaram .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : M/s Sandeep Shahi & Sajid Salim Khan, Advocates For the Respondent/s : Mr AAG 3 - ROY SHIVAJEE NATH =========================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH & HON'BLE JUSTICE SMT NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) Date: 17-02-2016 By this writ petition, the petitioner seeks indulgence of this Court into directing the police officials in the district of Rohtas to take certain actions with regard to certain public law issues which led to alleged communal clashes.

2 Having perused the writ petition as also the counter affidavit filed on behalf of the Superintendent of Police, which has been sworn by the Deputy Superintendent of Police, Rohtas, we are of the view that police, who has the responsibility of maintaining law

Patna High Court CWJC No.1994 of 2016 dt.17-02-2016 and order, is doing its work. Interested people may not agree or may disagree but that is no reason why this Court should interfere when matters are under investigation. It is well settled that generally and normally, Courts do not interfere with police investigations. However, in view of the statements made in the counter affidavit, we have no reason to believe that police is acting in any arbitrary or partisan manner.

3 The writ petitioner, if he is aggrieved by any part of the investigation, has remedy before the Criminal Courts and the Criminal Courts have ample power to deal with such situation. It would be open to him to approach the Criminal Courts for any legitimate grievance he has, who would act in accordance with law and take all actions appropriate to the facts pleaded before them. 4 With these observations, this application is disposed of.

(Navaniti Prasad Singh, J) (Nilu Agrawal, J) U M.E.H./-