Kamlesh Singh v. The State Of Bihar Through Special Secretary, Department Of Home (Police), Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1604 of 2022 Arising Out of PS. Case No.-330 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Kamlesh Singh S/O Late Arun Singh R/V- Lodipur Mansoorpur, P.S.- Khusrupur, District- Patna ... ... Petitioner/S

Versus

1.

The State Of Bihar Through Special Secretary, Department Of Home (Police), Govt. Of Bihar, Patna, Bihar.

2.

The Special Secretary, Department Of Home (Police), Govt. Of Bihar, Patna, Bihar.

3.

The Director General Cum Inspector General Of Police, Bihar, Patna, Bihar. 4.

The Senior Superintendent Of Police, Patna, Bihar. 5.

The Superintendent Of Police, Rural, Patna, Bihar. 6.

The Superintendent Of Police, Patna City, Bihar. 7.

The Officer-In-Charge, Khusrupur Police Station, Bihar. 8.

The Investigating Officer Of Khusrupur P.S. Case No 330/2022, Khusrupur, Bihar.

9.

The Learned District And Sessions Judge, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Vaishnavi Singh, Adv.

For the Respondent/s :

Mr. Babita Kumari, A.C. to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-03-2023 The present Cr. Writ petition has been filed seeking direction to the respondents to conduct a proper investigation of Khusrupur P.S. Case No. 330 of 2022, as well as, to give proper protection to the witness of the present case, in the light of Witness Protection Scheme, 2018. It has been notified in the State of Bihar.

Counsel for the State submits that so far as the

Patna High Court CR. WJC No.1604 of 2022(2) dt.24-03-2023 2/3 question of investigation is concerned, it has been notified in Surendra Singh Vs. State of Bihar & Ors. Vide order dated 09.09.2022 passed in Cr. W.J.C. No. 153 of 2017 with analogous cases.

The petitioner shall represent the entire matter before the Superintendent of Police, Patna within four weeks from today and the Superintendent of Police, Patna upon hearing the parties, shall take appropriate decision in the light of representation made by the above said case i.e. Surendra Singh Vs. State of Bihar & Ors. passed in Cr. W.J.C. No. 153 of 2017 with analogous cases, with regard to the reliefs. So far as protection of the witnesses of the present case is concerned, it is crystal clear that under Witness Protection Scheme, 2018, the competent authority to provide the witness protection is a Standing Committed of each district chaired by District and Sessions Judge with Head of the Police in the District and Head of the Prosecution in the district, as its Member Secretary. Petitioner is directed to file a fresh representation before the Member Secretary of the competent authority, within two weeks from today, who shall provide the benefits provided under the Witness Protection Scheme, 2018 to the petitioner/witnesses of the case, within 10 days thereafter.

Patna High Court CR. WJC No.1604 of 2022(2) dt.24-03-2023 3/3 With the aforesaid direction, this Cr. Writ petition is hereby disposed off.

(Dr. Anshuman, J.) Ashishsingh/- U T