Fuljhari Devi v. The State Of Bihar Through Chief Secretary, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2281 of 2017 ======================================================

1. Fuljhari Devi Wife of Late Shyam Narayan Sharma Resident of Bangali Tola, Purna Chawk, Ward No. 24, House No. 3, Police Station - Buxar (T), District : Buxar.

.... .... Petitioner/s

Versus

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

2. The Principal Secretary, Department of Home, Government of Bihar, Patna.

3. The Prinipal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

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

5. The District Magistrate, Buxar.

6. The Superintendent of Police, Buxar.

7. The Sub-Divisional Officer, Buxar, Sub-Division Buxar, Buxar.

8. The Station House Officer, Buxar (T), Police Station Buxar.

9. Srinath Sharma Son of Late Sudarshan Sharma Resident of Village : Ahirauli, Police Station : Buxar (Industrial), District - Buxar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Respondent/s : Mr. Sheo Shankar Prasad (Sc-8) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

This writ application has been filed by the petitioner for a direction upon the respondents to protect the life and property of the petitioner and her family members from the hands of the respondent no.9. In this regard she has relied upon the previous correspondences and the order passed by the S.P. as also the Human Rights Commission.

Patna High Court Cr. WJC No.2281 of 2017 (2) dt.15-01-2018 Learned counsel for the petitioner has drawn the attention of this Court towards Annexure-10 of the writ application which is an order dated 25.10.2016 passed in CWJC NO.5936 of 2014. For the same relief, the said writ application was filed. This Court had disposed of the writ application granting liberty to the petitioner to invoke the relevant provisions of the Code of Criminal Procedure for seeking reliefs as prayed for. It has also come in the order of this Court that the District Security Committee held that the petitioner does not require any protection. This Court is unable to understand that after filing of one civil writ application how the petitioner may be advised to file criminal writ application only after few months from the date of passing of the order dated 25.10.2016 for the same relief. The writ application is totally frivolous and misconceived. Since the petitioner is a lady this Court is restraining himself from imposing cost.

The writ application is dismissed.

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