Mamta Singh v. The State Of Bihar Through Principal Secretary, Dept. Of Home, Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2577 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Mamta Singh W/o- Late Dilip Singh Village- Mirjapur Nohta Ps- Fatuha, Dist- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Dept. of Home, Police, Bihar, Patna Bihar 2.

The Director General of Police, Bihar, Patna Bihar 3.

The District Magistrate, Patna Bihar 4.

The Senior Superintendent of Police, Patna Bihar 5.

The Sub Divisional Police Officer, Fatuha Patna Rural Bihar 6.

The Station House Officer, Fatuha Patna Bihar 7.

Rama Shankar Singh S/o- LateKedar Singh Village- Mirjapur Nohta PsFatuha Dist- Patna 8.

Shrawan Kumar @ Chotu S/o- Rama Shankar Singh Village- Mirjapur Nohta Ps- Fatuha Dist- Patna 9.

Shambhu Sharan Singh @ Jhallu Singh S/o- Munna Singh Village- Mirjapur Nohta Ps- Fatuha Dist- Patna 10.

Jayant Kumar @ Pappu Kumar S/o- Munna Singh Village- Mirjapur Nohta Ps- Fatuha Dist- Patna 11.

Krishna Singh S/o- Munna Singh Village- Mirjapur Nohta Ps- Fatuha DistPatna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kaushlendra, Advocate For the State Mr. S. C. Mehta, SC-16 For the Res. Nos. 7 to 11:

Mr. Nirmal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-11-2025 The present writ petition has been filed seeking following relief(s):

(i) For issuance of an writ(s), order(s) or direction in nature of mandamus commanding the respondents specially Respondent no- 6 for

Patna High Court CR. WJC No.2577 of 2024(3) dt.01-11-2025 2/3 protection of life and property of the Petitioner from private Respondent no- 7 to 11 and their men, who are adamant to oust the Petitioner with her children from their shelter.

(ii) For the issuance of an writ order or direction to the higher authority to direct the local Police officer specially Respondent no 5 and 6 to unlock the lock of the said house in whose presence the gate of the Petitioner house was put under the lock.

(iii) For further issuance of a direction to the police officials to obey the judgment and decree passed by the competent court of civil Jurisdiction and act as per the said judgement not beyond the same if they do so it will be treated as competent of court and liable for the punishment under law.

(iv) For further direction to the police to pay a compensation for their ill will act, due to which the Petitioner is force to live at different place/house as the Private Respondents have given threatening for dire consequences and false implication in any case with the help of police.

(v) For any other order or orders for which the petitioner is entitled for may be granted in favour of the petitioner."

2. A counter affidavit has been field on behalf of respondent nos. 7 to 11 wherein it has been submitted in

Patna High Court CR. WJC No.2577 of 2024(3) dt.01-11-2025 3/3 paragraph 18 that the petitioner herself has put lock on the grill of outer house so that other persons of the family could not enter into the house. On specific query of this Court, learned counsel appearing on behalf of respondent nos. 7 to 11 reiterated that the private respondents have not put any lock.

3. When the petitioner came before this Court seeking direction to the authorities-police official specially respondent nos. 5 and 6 to unlock the door and this contention is being denied by the private respondents that they have not put any lock, the petitioner is at liberty to open the lock since there is no claimant to the said lock. It has also come in the counter affidavit of respondents-State that they have not put any lock in the house of the petitioner.

4. In the light of submission of the respondents, nothing remains in the matter of the petitioner and the petitioner is at liberty to take appropriate steps in the light of submission of the respondents.

5. Accordingly, the present writ petition stands disposed of.

(Arun Kumar Jha, J) Ashish/- U