Disposed

Krishna Kumar Singh v. the State of Bihar through Principal Secretary Home Deptt. Govt. of Bihar, Patna

Patna HC16 Sept 2019CR. WJC/1306/2019

Case brief

AI extract

What is this about?

Petitioner sought police protection against threats from siblings in a land dispute. The Court rejected the petition, noting administrative authorities were already approached and threat perception cannot be assessed by the Court. The matter was disposed of with liberty to approach the District Level Security Committee.

What did the court decide?

The Court declined to issue mandamus for police protection and allowed the petitioner liberty to pursue the application before the District Level Security Committee.

Krishna Kumar Singh Vs the State of Bihar… — Civil Procedure and Limitation | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1306 of 2019

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Arising Out of PS. Case No.- Year-0 Thana- District- East Champaran

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======================================================

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Krishna Kumar Singh Son of late Kapildeo Narayan Singh Resident of Village - Ahirauliya Barachakiya, P.S.- Chakiya, Dist.- East Champarasn.

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... ... Petitioner

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Versus

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The State of Bihar through Principal Secretary Home Deptt. Govt. of Bihar, Patna

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The Director General of Police, Bihar, Patna. Bihar

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The Zonal Inspector General, Patna, Bihar, Patna Bihar

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The Deputy Inspector General, Bettiah, Dist.- West Champaran. Bihar

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The Sub- Divisional Magistrate, East Champaran at Motihari. Bihar

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The Sub- Divisional Magistrate, Chakiya, Dist.- East Champaran. Bihar

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Superintendent of Police, East Champaran at Motihari. Bihar

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The Station House officer, Chakiya P.S., Dist.- East Champaran. Bihar

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Murali Manohar Singh Son of Late Kapildeo Narayan Singh Resident of Village - Ahirauliya, P.S.- Chakia, P.O.- Bara Chakia, Dsit.- East Champaran.

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Tarun Kumar Singh Son of Late Kapildeo Narayan Singh Resident of Village - Ahirauliya, P.S.- Chakia, P.O.- Bara Chakia, Dsit.- East Champaran.

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Dev Kumar Singh Son of Late Kapildeo Narayan Singh Resident of Village - Ahirauliya, P.S.- Chakia, P.O.- Bara Chakia, Dsit.- East Champaran.

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Vibhu Priyadarshi Son of late Kapildeo Narayan Singh Resident of Village - Ahirauliya, P.S.- Chakia, P.O.- Bara Chakia, Dsit.- East Champaran.

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar For the Respondent/s : Mr.M. Nasrul Huda Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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2 16-09-2019 Heard learned counsel for the petitioner and learned

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counsel for the State.

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The petitioner claims himself to be the power of attorney holder of his mother in respect of land bearing khata

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Patna High Court CR. WJC No.1306 of 2019(2) dt.16-09-2019 2/3

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no. 17, plot no. 1212 ad-measuring 8 bigha 7 katha and 11 dhurs. He contends that his other siblings are creating trouble whenever he or his labourers go to the field for tilling. According to him, he has filed an application before the District Magistrate, East Champaran at Motihari for police protection as he apprehends threat to his life at the hands of his brothers. On the basis of the aforesaid submissions, he prays that a direction be issued to the respondent nos. 1 to 8 to provide effective police protection to the petitioner, his family members and the labourers working in the field.

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On the other hand, learned counsel for the State submitted that there appears to be some dispute relating to property between the petitioner and his brothers. Several disputed facts have been pleaded in the writ petition. Proceedings under Sections 144 and 145 of the Code of Criminal Procedure had also been initiated between the parties. The disputed facts raised in the present application cannot be adjudicated by this Court in extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India. He has further contended that basically the prayer of the petitioner is for permanent injunction for which remedy is available under the common civil law.

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Patna High Court CR. WJC No.1306 of 2019(2) dt.16-09-2019 3/3

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Having heard the parties regard being had to the pleadings made in the present application, since the petitioner has already approached the administrative authorities for police protection, I am not inclined to issue any mandamus to the respondents as threat perception can not be assessed by the Court.

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The application is disposed of with liberty to the petitioner to pursue his application for police protection before the District Level Security Committee, which has been assigned the duty to assess the threat perception on any person for providing police protection.

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(Ashwani Kumar Singh, J)

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Pradeep/-

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U T

Krishna Kumar Singh v. the State of Bihar through Principal Secretary Home Deptt. Govt. of Bihar, Patna

Case brief

What is this about?

What did the court decide?

Krishna Kumar Singh v. the State of Bihar through Principal Secretary Home Deptt. Govt. of Bihar, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

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