Dismissed

Heera Lal v. the State of Bihar through the Principal Sectt. Dept of Home (Police) Govt. of Bihar, Patna

Patna HC19 Nov 2019CR. WJC/1566/2019

Case brief

AI extract

What is this about?

In a writ petition seeking protection of life and property due to threats, the Patna High Court directed the SP and DM Nawadah to expeditiously consider the petitioner's representations on merits without adjudicating the merits of the petition itself.

What did the court decide?

No direction was granted directly to the petitioner; the issue was referred to the respondents to consider representations on merits.

Heera Lal Vs the State of Bihar through… — Constitutional and Fundamental Rights | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1566 of 2019

¶2

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

¶3

====================================================== HEERA LAL Son of Late Jai Prakash Ram Resident of Mohalla- Laheri, Kalisthan Hisua, Post Office- Hisua, Police Station- Hisua, DistrictNawadah.

¶4

... ... Petitioner

¶5

Versus

¶6

The State of Bihar through the Principal Secretary Dept Of Home (police) Govt. Of Bihar, Patna

¶7

The Director General of Police, Bihar Patna.

¶8

The Deputy Inspector General of Police, Magadh Division, Gaya.

¶9

The Superintendent of Police, Nawadah.

¶10

The District Magistrate, Nawadah.

¶11

The Officer-in -Charge, Hisua Police Station, District- Nawadah.

¶12

Nitu Singh Wife of Shekhar Singh @ Pappu Singh Resident of VillageNarhat, Police Station- Narhat, District- Nawadah.

¶13

Shekhar Singh @ Pappu Singh Son of Late Aditya Singh Ex. M.L.A., Resident of Village- Narhat, Police Station- Narhat, District- Nawadah.

¶14

Ram Bilash Chaudhary Son of Late Kishun Pasi Resident of MohallaPanchu Main Road, Hisua, Police Station- Hisua, District- Nawadah.

¶15

... ... Respondents

¶16

====================================================== Appearance : For the Petitioner : Mr. Arun Kumar, Advocate. For the Respondents : Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT

¶17

Date : 19-11-2019

¶18

Heard learned counsel for the petitioner and learned

¶19

counsel for the State.

¶20

The present writ petition has been filed “ for a direction to the respondents concerned to provide protection of life and property of the petitioner.”

¶21

Learned counsel for the petitioner stated that two F.I.Rs have been lodged in Nawadah SC & ST Case No. 27 of 2014 and Nawadah SC & ST Police Station Case No. 28 of 2018 against the petitioner at the instance of private respondent nos. 7 and 8, in both

¶22

Patna High Court CR. WJC No.1566 of 2019 dt.19-11-2019 2/2

¶23

of which after due investigation by the police, final form had been submitted. A land dispute in Title Suit No. 24 of 2012 in which the petitioner was defendant has also been dismissed by order dated 28.11.2018 by the learned Sub-Judge 1^st , Nawadah. It is therefore submitted that private respondent nos. 7 and 8 have become inimical against the petitioner and are threatening the life and property of the petitioner. In this background, the petitioner has approached the higher police officials including the Superintendent of Police, Nawadah (page-31) and the District Magistrate, Nawadah (page-34).

¶24

Having heard the parties and on consideration of the materials on record, this Court is of the view that the ends of justice will be met by directing the Superintendent of Police, Nawadah and District Magistrate, Nawadah to consider and dispose of the petitioner’s representations on their own merits in accordance with law, expeditiously.

¶25

The writ petition stands disposed of with the aforesaid observations as above.

¶26

(Vikash Jain, J)

¶27

Ibrar//-

¶28

AFR/NAFR	NAFR
CAV DATE	N.A.
Uploading Date	21.11.2019
Transmission Date	21.11.2019

Heera Lal v. the State of Bihar through the Principal Sectt. Dept of Home (Police) Govt. of Bihar, Patna

Case brief

What is this about?

What did the court decide?

Heera Lal v. the State of Bihar through the Principal Sectt. Dept of Home (Police) Govt. of Bihar, Patna

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

Shrawan Chaudhary Vs the State of Bihar through Principal Secretary, Department of Home, Bihar, Patna.

Baleshwar Tiwari Vs The State of Bihar

Raj Kumar Yadav Vs the State of Bihar through Director General of Police, Patna, Bihar

Vikash Kumar Vs the State of Bihar through Superintendent of Police, Muzaffarpur

Ramajee Pathak @ Ramjee Pathak Vs the State of Bihar through Its Principal Secretary Home Deptt. New Secretariat Patna

Ajeet Kumar Shrivastaw Vs the State of Bihar through the Director General of Police Bihar, Patna