Disposed

Manoj Kumar v. The State Of Bihar and Ors.

Patna HC10 Jan 2014CR. WJC/576/2013

Case brief

AI extract

What is this about?

In this oral order, the Patna High Court disposed of a criminal writ petition. Relying on a counter affidavit and counsel's arguments concerning police obligation to entertain complaints, the court expected police officials to perform their legal duty and disposed of the instant petition.

What did the court decide?

The court expected the petitioner to be sensitized towards police legal obligations and disposed of the petition.

Manoj Kumar Vs The State Of Bihar and Ors. — Constitutional and Fundamental Rights | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.576 of 2013

¶2

====================================================== Manoj Kumar Advocate S/O Late Bindeshwari Prasad Resident Of VillageBahpura Post Bahpura, P.S.- Bihta, District- Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director General Of Police, Bihar Old Secretariat, Patna 3. The Senior Superintendent Of Police, Patna. 4. The Officer-In-Charge, Bihta Police Station, Bihta, District-Patna 5. Ramashish Paswan, A.S.I., Bihta Police Station, Bihta, District- Patna ----------Respondent Ist. Party. 6. Devendra Prasad Yadav S/O Ramikbal Rai Resident Of Village- Bahpura Post Bahpura, P.S.- Bihta, District- Patna 7. Uma Yadav S/O Ramikbal Rai Resident Of Village- Bahpura Post Bahpura, P.S.- Bihta, District- Patna 8. Raju Yadav S/O Ramishwar Rai Resident Of Village- Bahpura Post Bahpura, P.S.- Bihta, District- Patna 9. Dilip Sah S/O Rabindra Sah Resident Of Village- Bahpura Post Bahpura, P.S.- Bihta, District- Patna 10. Vermanand S/O Mahendra Yadav Resident Of Village- Bahpura Post Bahpura, P.S.- Bihta, District- Patna 11. Parvej Alam S/O Sahabuddin Resident Of Village- Bahpura Post Bahpura, P.S.- Bihta, District- Patna 12. Krishna Paswan S/O Janakdhari Paswan Resident Of Village- Bahpura Post Bahpura, P.S.- Bihta, District- Patna 13. Sanjay Yadav S/O Hardeo Rai Resident Of Village- Simri, Post Simri, P.S.- Bihta, District- Patna .... .... Respondent/s 2^nd Party. ====================================================== Appearance : For the Petitioner/s : Mr. Ram Suhawan Singh, Advocate. For the Respondent/s : Mr. Ranjeet Kumar Pandey, AC to GP-23. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

¶3

5 10-01-2014 A counter affidavit has been filed on behalf of State(respondent nos.2 to 5). Gone through the same as well as also heard learned counsel for the petitioner as well as AC to G.P23.

¶4

Patna High Court CR. WJC No.576 of 2013 (5) dt.10-01-2014

¶5

¶6

Learned counsel for the petitioner submitted that

¶7

after going through Annexure-A, it is apparent that the FIR was registered a month after the alleged date of occurrence. It has also been submitted that the police submitted final form not in proper way rather in collusion with the accused persons, respondent nos.6 to 13 who have forcibly pounced upon the land of the petitioner, concluding that it happens to be the land dispute. It has also been submitted that by way of supplementary affidavit a subsequent instance committed by aforesaid respondents was reported to the police official on 26.06.2013 but in vain. So submitted that even though earlier case had met with unfortunate end, the police should be sensitized towards plea of the petitioner when so approached.

¶8

The learned counsel AC to GP-23 submitted that whenever there happens to be communication to the police, it is bounded duty of the police to entertain the same.

¶9

Expecting the police officials to be sensitized towards their legal obligation by way of entertaining the complaint whenever placed before them, more particularly, relating to the petitioner, instant petition is disposed of.

¶10

(Aditya Kumar Trivedi, J)

¶11

B.Kr./-

Manoj Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rahul Muzaffarpuri Vs the State of Bihar and Ors.

Jai Shankar Sah @ Jai Lal Sah Vs The State Of Bihar Through The Director General Of Police and Ors.

Kamakhya Singh Vs The State Of Bihar and Ors.

Manoj Kumar Mahto @ Manoj Mahto Vs The State Of Bihar

Ehtesamuddin @ Tasmuddin @ Md. Ehtesamuddin Vs the State of Bihar

Pramod Kumar and Anr. Vs The Union Of India customs Department