Saurav Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11766 of 2023 ====================================================== Saurav Verma S/o- Late Maheem Kumar, R/o A/56, Alkapuri, Gardanibagh, P.S.- Gardanibagh, District-Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar Through its Additional Chief Secretary, Home Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Home Department, Govt. of Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The Additional Director General of Police (Security)- cum-Chairman Special Security Committee, Bihar, Patna.

5.

The Deputy Inspector General Police (Security), Bihar, Patna. 6.

The District Magistrate, Patna.

7.

The Superintendent of Police, Patna.

8.

The Sub-Divisional Police Officer, Sadar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddhartha Prasad, Adv.

For the Respondent/s :

Mr.Manish Kumar (GP4) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-12-2023 Heard the parties.

2. This application has been filed for the following relief/s:- (i) For directing the respondents to provide security guards to the petitioner since the petitioner and his family members apprehend serious and imminent threat to their life and property due to nature of occupation/business carried out by the petitioner.

(ii) For issuance of writ in the nature of certiorari for quashing the letter bearing Memo no. 12138 dated 16.08.2022 issued by the office of Senior Superintendent of Police, Patna whereby and whereunder

Patna High Court CWJC No.11766 of 2023(2) dt.04-12-2023 2/3 the petitioner has been informed that Special Security Committee, Bihar, Patna has turned down the application of the petitioner for providing security guard without any rhyme or reason.

(iii) For directing the respondents to produce the decision of the Special Security Committee taken in its meeting dated 28.07.2022 held under the chairmanship of Additional Director General of Police (Security)-cum- Chairman Special Security Committee and then the hon'ble court may be pleased to quash the same.

(iv) For directing the Special Security Committee headed by the Additional Director General of Police (Security) -cum- Chairman Special Security Committee, Bihar to consider the case of the petitioner for providing security guard in the light of the materials available on the record and other supporting materials.

3. Learned counsel for the petitioner submits that after his claim for given security was rejected, the new materials have come which will support the grant of Personal Security Officer to the petitioner and the petitioner prays that authorities may act upon the fresh threat perception of the petitioner.

4. In these circumstances, this application is allowed. The letter bearing Memo no. 12138 dated 16.08.2022 issued by the office of Senior Superintendent of Police, Patna is hereby quashed.

Patna High Court CWJC No.11766 of 2023(2) dt.04-12-2023 3/3

5. The petitioner is directed to file another application before the concerned authority who will thereafter act in accordance with law. The concerned authority will not be guided by the earlier rejection of the claim of the petitioner. If it is found the petitioner is under threat from criminals as has been contended by the petitioner on the basis of extortion, calls and the arrest of one Niraj, the application of the petitioner shall be considered favorably by the Special Security Committee.

6. This exercise must be done within three months of filing application of the petitioner.

7. In case, application of the petitioner is pending, he will be liberty to file training certificate in the pending application.

8. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Harsh/- U