Somari Devi Vs The State of Bihar through the… — Writ and Judicial Review | Patna HC (2025)

Somari Devi Vs The State of Bihar through the… — Writ and Judicial Review | Patna HC (2025)

What the court decided

AI extract

Outcome

Direction to the SHO, Bettiah Manuapul P.S., to register the FIR forthwith on the basis of the complaint dated 18th July 2023; the SHO is further directed to appear personally within 7 days to show cause against a possible recommendation for departmental inquiry; matter to be listed on 21st April 2025.

Issue for consideration

Whether the police authorities should be directed to register an FIR on the basis of the complaint already forwarded to the SHO under Section 156(3) CrPC pursuant to the Chief Judicial Magistrate's order dated 18th July 2023, despite the SHO's continued non-compliance. +1 more

Court's answer

The SHO, Bettiah Manuapul P.S., is directed to register the FIR forthwith on the basis of the complaint dated 18th July 2023.

Ratio / Principle

The SHO's failure to act on the CJM's order and subsequent reminder amounts to non-compliance of his statutory duty and also dereliction of duty.

Key takeaways

The SHO, Bettiah Manuapul P.S., is directed to appear personally before the Court within 7 days from communication of the order to show cause as to why the Court should not recommend a departmental inquiry against him for dereliction of statutory duty.ratio¶22

Detailed headnote1 paragraphs

Criminal writ (Article 226, Constitution) — Direction to register FIR — Complainant's complaint sent to the Officer-in-charge, Bettiah Manuapul P.S.; learned Chief Judicial Magistrate, vide order dated 18th July 2023, transmitted it under Section 156(3) CrPC directing the SHO to treat it as an FIR and register the case — SHO took no action despite the order and a subsequent reminder — Held: such conduct amounts to non-compliance of statutory duty and dereliction of duty; State counsel admitted inability to support the SHO's act — SHO directed to register the FIR forthwith on the complaint dated 18th July 2023 — SHO further directed to appear personally within 7 days to show cause why the Court should not recommend departmental inquiry against him for dereliction of statutory duty — Writ petition disposed of; listed for 21st April 2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1646 of 2024

Arising Out of PS. Case No.-1763 Year-2023 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran

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Somari Devi Wife of Ram Sundar Mahto Resident of Vilagel- Bharwa Tola, Ward No. -08, P.S.- Manuapul, Distt.- West Champaran

... ... Petitioner/s

Versus

The State of Bihar through the Director General of Police, Bihar, patna Bihar

The Director General of Police, Bihar, Patna Bihar

The Superintendent of Police, Bettiah, West Champaran Bihar

The Officer in Charge, Manuapul, Police Station, Manuapul, Bettiah, Distt.West Champaran Bihar

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Respondent/s : Mr. Subhash Chandra Mishra, S.C.16 ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

2 09-04-2025 The petitioner has approached this Court by filing an application under Article 226 of the Constitution for a direction upon the police authority to register an FIR on the basis of the complaint which was sent to the Officer-in-charge of the Bettiah Manuapul police station with a direction to treat the same as an FIR and proceed with the investigation of the case. On the basis of the said complaint, the learned Chief Judicial Magistrate, vide order dated 18th July 2023, sent the said complaint under the provision of Section 156(3) of the CrPC to the concerned police station, directing the SHO of Bettiah Manuapul P.S. to

Patna High Court CR. WJC No.1646 of 2024(2) dt.09-04-2025 2/3

treat the said complaint as an FIR and to register the case. However, the SHO, Bettiah Manuapul police station, did not take any action in spite of the order dated 18^th July 2023, till date.

Subsequent reminder was made by the learned Chief Judicial Magistrate, Bettiah, directing the SHO of the said police station to register an FIR, but he turned a deaf ear to the said order. The action, on the part of the SHO Bettiah Manuapul P.S., amounts to non-compliance of his statutory duty and also dereliction of duty.

The learned Advocate appearing on behalf of the respondents also admits that he cannot support the act of the SHO, Bettiah Manuapul P.S.

In view of such circumstances, the SHO, Bettiah Manuapul P.S., is directed to register the FIR forthwith on the basis of the complaint dated 18^th July 2023. With the above direction, the instant writ petition is disposed of.

However, the SHO, Bettiah Manuapul P.S., is directed to appear personally before this Court within 7 days from the date of communication of this order to show cause as to why this Court shall not recommend for departmental inquiry against him for dereliction of statutory duty vested upon him.

Patna High Court CR. WJC No.1646 of 2024(2) dt.09-04-2025 3/3

The instant matter be listed on 21^st April 2025 for the appearance of the SHO, Bettiah Manuapul P.S., and the filing of the show cause. The learned Advocate appearing on behalf of the State respondents is requested to send a server copy of this order to the SHO of Bettiah Manuapul P.S. forthwith.

(Bibek Chaudhuri, J)

Suraj Dubey/-

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