Jaju Kumar Singhal Vs The State of Bihar through Chief Secretary, Government of Bihar

5 17-01-2025 Today the matter is fixed for personal appearance of Mr. Brijesh Kumar Singh, ASI attached to Bihta Police Station and Investigating Officer of Bihta P.S. Case No.506 of 2024 dated 06.06.2024 under Sections 341, 323, 307, 354, 379, 380, 427, 449, 450, 451, 452, 461, 504, 506/34 of the Indian Penal Code. The above named police officer is present in Court and he is represented by Mr. Ramadhar Singh, learned Advocate.

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The learned counsel for the petitioner as well as

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the State-Respondents are present.

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Having heard the learned counsels for the parties, this Court is of the view that the present writ petition can be disposed of here and now. The petitioner has filed the instant writ petition for the following reliefs :-

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i. For declaring and holding that the petitioner is entitled to live in a peaceful and secured environment and enjoy the life with full dignity devoid of any semblance of fear, threat and violence as envisaged under Article 21 of the Constitution of India.

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ii. For declaring and holding that petitioner is entitled to run his shops namely M/s Alok Fashion and M/s Siddhi Vinayal Life Style in a conducive and peaceful environment without any unlawful interference, threat, coercion, fear and insecurity.

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Iii. For directing the Respondent Authorities and especially mandating the Bihta Police Station to provide the necessary protection to the petitioner and his family members which also extends to ensure the smooth running of

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petitioner’s said shops without fear of unlawful interference or disruption from threats, violence and intimidation perpetrated by the persons namely Alok Kumar, Anil Kumar and Harish Kumar and other nefarious elements.

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iv. For grant for any such other relief(s) which the petitioner may be found legally entitled in the given facts and circumstances.”

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It is submitted by the learned Advocate for the petitioner that the petitioner has been running a shop under the name and style of M/s Alok Fashion at Mahadeva Road within Police Station Bihta. He constructed the said shop by taking huge amount of loan from a nationalized bank and by his hard work he established his business, thereafter, he setsup another shop under the name and style of M/s Siddhi Vinayak Life Style, which is being run by his own brother. Accused Alok Kumar and Anil Kumar are the maternal uncles of the proprietors of the said shop, they allowed them to work as salesmen in the said shop. It is alleged that taking advantage of their relationship they committed theft of a sum of Rs.1,00,000/- from the cash box of M/s Alok Fashion, they also snatched away valuable materials from the said shop,

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forcibly closed the shutter and damaged the CCTV Camera of the said shop. They also severely assaulted the brother and sister of the proprietor of M/s Alok Fashion. The sister of the proprietor of M/s Alok Fashion submitted a complaint in the local police station, which was not initially registered, when the sister of the proprietor of the said shop went to the police station they found that the accused persons were sitting in the police station and they were cordially treated by the police officers including the Investigating Officer. In the police station itself the accused persons obtained signature of the sister of the proprietor of M/s Alok Fashion on some blank papers. Subsequently, under the intervention of the Court, the F.I.R. was registered. The investigation was handed over to ASI, Brajesh Kumar Singh of Bihta Police Station. The investigation is being supervised by the SDPO of Bihta Circle, in the counter affidavit the supervision report is annexed. The following paragraphs of the supervision report is important and recorded below:-

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"i;Zosa{k.k ds dze esa ;g ckr esa izdk”k es vk;h gS fd okfnuh ,oa vfHk;qDr nksuksa vkil esa ekek Hkfxuh gS vkSj nksuks ds chp iwoZ ls tehu ,oa iSlk rFkk nqdku dks ysdj dbZ ckn okfnuh ,oa buds lkFk ekjihV mDr vfHk;qDrksa }kjk fd;k x;k gSA budh ukuh Jherh jkf/kdk nsoh mez djhc 75 o’kZ ifr Jh Hkqous”oj izlkn lkfdu vkyksd QZ”ku egknsok jksM fcgVk Fkkuk&fcgVk ftyk&iVuk ds }kjk vius ukrh tktq dqekj fla/ky

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ds uke ls tehu dks jftLVªh dj nh vkSj ;s vius ukrh ds lkFk gh mlh edku esa jg jgh gSA ftleas buds ukth tktq dqekj fla/ky ds }kjk cSad vkWQ cM+kSnk] fcgVk ls 35]00000@& iSrhl yk[k :i;k csSad vkWQ cM+kSnk] fcgVk ls yksu ysdj flf) fouk;d ykbQ LVkby nqdku [kksyk ftlesa okfnuh ds ukuh ds dgus ij tktq }kjk vius ekek vkyksd dqekj dks flf) fouk;d nqdkj pykus ds fy, j[kk x;kA bl chp dqN fnu ds ckn tc buds HkkbZ tktq }kjk flf) fouk;d nqdku dk fglkc&fdrkc vius ekek vkyksds dqekj ls ekaxk x;k rks buds HkkbZ ,oa buds ekek vfuy o vkyksd ds chp fookn mRiUu gks x;kA blh chp fnukad& 12-03-2024 dks vkyksd QS”ku fLFkr vius ?kj ij FkhA rks le; djhc nksigj 3%00 ct 1&vfuy dqekj mez 55 o’kZ 2&vkyksd dqekj mez 45 o’kZ nksuks firk Jh Hkqous”oj izlkn 3&gjh”k dqekj mez djhc 27 o’kZ firk Jh vfuy dqekj rhuks xzke&Lokeh lgtkuan dkyksuh jk?kksiqj] Fkkuk&fcgVk ftyk iVuk 4&f=yksdhukFk mez djhc 40 o’kZ firk Lo0 vksedkj ukFk lkfdu&cfg;kjk] Fkkuk&pkanh 5&yyu izlkn mQZ izse iadt mez djhc 55 o’kZ es;j fir Lo0 jktsUnz izlkn ckal Vky] Fkkuk Vkmu vkjk nksuks ftyk&Hkkstiqj ,oa 05 vKkr O;fDr;ksa ds lkFk buds HkkbZ ds nqdku ds ikl vkdj vkyksd QS”ku nqdku dk “kkVj dk rkyk dks dkVus ds ckn cksMZ dks m[kkM+us yxs rks buds HkkbZ dqekj ftEeh nkSM+dj mu yksxksa dks jksdus yxs brus eas vfuy dqekj] vkyksd dqekj ,oa gjh”k dqekj ,der gksdj buds HkkbZ dqekj ftEeh ds mij tkuysok geyk djrs gq, tehu ij iVddj Nkrh ,oa flj ij ekjus yxk ftlls budk HkkbZ xaHkhj :i ls t[eh gks x;kA tc ;s vius HkkbZ ds lkFk ekjihV gksrs ns[kdj chp cpko djus xbZ rks vkyksd dqekj budk cky [khapdj LdqVj ij iVd fn;k vkSj buds lkFk xank&xank xkyh nsrs gq, ykr ls buds Nkrh ,oa isV ij ekjihV dj xaHkhj :i ls t[eh dj fn;sA rc ;s lc yksx buds nqdku dk “kVj dk rkyk dkVdj nqdku ds vanj esa j[kk FkSyk esa djhc 1 yk[k :i;k vkSj nqdkj dk dherh lkeku ysdj ,oa nqdku ds vanj yxs lh0lh0Vh0oh0 dSejk dks {kfrxzLr dj fn;sA gYyk dh vkokt gksrq ns[k vkl ikl ds yksx tqV x;s vkSj chp cpko dj >xM+k dks NqM+k;s] rc viuk bZykt djkus vLirky xbZ tgkWa viuk bykt djk jgh gSA^^

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Thus, it is clear from the supervision report that

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the allegation made against the accused persons are prima-

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Patna High Court CR. WJC No.1660 of 2024(5) dt.17-01-2025 6/7

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facie true. Out of five accused persons, the Investigating Officer arrested only one accused, who was subsequently granted bail. Other accused persons obtained anticipatory bail. The Investigating Officer did not take any attempt to recover the stolen money or stolen articles. He did not cease the CCTV of the shop of M/s Alok Fashion which was admittedly damaged by the accused persons. He did not give any police protection to the proprietor of the said shops and the petitioner, so that the said shops may be opened. He also did not take any step to mediate the family dispute between the complainant and the accused persons. He also did not examined any neighboring people to ascertain the truthful of the incident under Section 161 of the Cr.P.C.

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Thus, it is found that the Investigating Officer is proceeding with the investigation of the case in a perfunctory manner.

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Under such circumstances, the instant writ petition is disposed of directing the Investigating Officer as well as the S.H.O. of Bihta Police Station to give police protection in respect of the life and liberty of the proprietors of M/s Alok Fashion and M/s Siddhi Vinayak Life Style.

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Since, the present Investigating Officer is not

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proceeding with the investigation, further charge of investigation be handed over to a police officer not below the rank of Inspector attached to Bihta Police Station or under the control of SDPO, Bihta.

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The Police Authority attached to Bihta Police Station is directed to render police help for protection of life and liberty of the petitioner and her family members, so that they can run their business in peaceful environment without any unlawful interference, threat, coercion, fear and insecurity.

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With the above direction, the instant writ petition is disposed of.

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(Bibek Chaudhuri, J)

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mdrashid/-

Jaju Kumar Singhal v. The State of Bihar through Chief Secretary, Government of Bihar

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Jaju Kumar Singhal v. The State of Bihar through Chief Secretary, Government of Bihar

Case brief

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