Smt. Reshma Devi @ Reshmi Devi v. The State Of Bihar Through D. G. P. Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1505 of 2018 ====================================================== Smt. Reshma Devi @ Reshmi Devi, W/o Sri Shyamnandan Singh, Resident of Village- Majhuawan, P.S.- Ara Town, Distt- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar Through D. G. P. Bihar, Patna.

2. Senior Superintendent of Police, Bhojpur.

3. Superintendent of Police, Bhojpur.

4. Officer-in-Charge, Ara Town Police Station.

5. Investigating Officer, ASI, namely Budhan Kumar Singh of Arrah town Police Station.

6. Ram Ranvijay Singh, Son of Late Budhan Singh,

7. Harendra Singh, S/o Ram Ranvijay Singh,

8. Sarabjit Singh,

9. Indrajeet Singh, Both sons of Late Bihari Singh,

10. Subham Kumar Singh, Son of Shailendra Singh,

11. Ujjwal Singh, Son of Harendra Singh,

12. Munna Singh, Son of Birendra Singh, All resident of VillageMajhauwan, P.S.- Ara Town, Distt- Bhojpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumit Kumar Jha, Adv. For the Respondent/s : Mr. P.K. Verma (AAG-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-08-2018 Learned counsel for the State has got instruction, it has been brought to the notice of this Court that the police authorities have not put any seal on the house of the petitioner and as such, the police authorities cannot be blamed for the inter-se dispute between the petitioner and the private respondents. It is submitted that in the case lodged by the petitioner, police has already completed investigation and a charge-sheet has been filed against the accused persons.

Patna High Court Cr. WJC No.1505 of 2018 (4) dt.18-08-2018 The submissions of learned counsel for the petitioner is that on a bare perusal of the report submitted by the SubInspector of Police, Arrah Town P.S. as contained in Annexure-7 which is part of the reply received by the petitioner in response to her application under Right to Information Act, it would appear that the fact that the private respondents are opposing the petitioner and they are not behaving well with her, have been found true.

This Court has perused the records and finds that prima facie it is a case of conflict of interest between the petitioner and private respondents. Police Authorities have already informed this Court through their Lawyer that they have not put any seal and have not locked the door of the house of the petitioner, therefore, this Court sitting in its writ jurisdiction has now no role to play, if there is inter-se dispute between the parties, they can resolve the same through the process of law which is available in the matter of private contest between the two parties. The prayer for directing the private respondents to allow protection to the petitioner cannot be considered by this Court because nothing has been brought to the notice of this Court showing that the petitioner has ever made any such request before the competent authorities in terms of the scheme framed by the

Patna High Court Cr. WJC No.1505 of 2018 (4) dt.18-08-2018 State Government for consideration of such request. This writ application stands disposed off, accordingly.

(Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha/Ved U T