Vishwanath Singh v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1130 of 2016 ====================================================== Vishwanath Singh, Son of Late Chandra Kishore Singh, aged about 78 years, village- Kansar O.P./Anchal- Suppi, P.O. Naraha, P.S. Majorganj, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Inspector General of Police, Bihar, Patna.

3. The Superintendent of Police, Sitamarhi.

4. S.H.O., Jitendra Kumar, P.S.- Major Ganj, Sitamarhi.

5. Block Agriculture Officer (Mahendra Prasad) Cum Incharge of Law and Order, Suppi Block, Sitamarhi.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Daya Shankar Prasad Sinha, Adv. For the Respondent/s : Mr. Md. Nadim Seraj, GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The grievance of the petitioner is that even though the grandson of the petitioner is absconding in the criminal case in which he is one of the accused, he has no connection with the family of the petitioner since the year 2008, but because of the fact that the grandson is absconding, police is repeatedly visiting the house of the petitioner and has seized the household articles. Considering the nature of the grievance raised by the petitioner, this Court would permit him to file an application

Patna High Court Cr. WJC No.1130 of 2016 (2) dt.23-08-2018 before the learned court below where the criminal case in question is pending in which his grandson is an accused and can bring all these facts to the notice of the learned Magistrate who will hear on his application after calling for a report from the investigating officer or the concerned police station and in case it is found that on the basis of the materials on record the petitioner being grandfather of the accused is being unnecessarily harassed without there being any reason for the police to visit his house frequently and to seize his properties, the learned Magistrate shall pass an appropriate order giving directions to the investigating officer to act within the four corners of the law alone and no such action be taken which will cause harassment to a person who is not an accused in the said case.

The application stands disposed off with the aforesaid directions and observations.

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