Swati Shubham Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Swati Shubham Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the S.H.O., Baniyapur Police Station to register F.I.R. on the basis of the petitioner's complaint dated 06.01.2024, followed by investigation by the Investigating Officer in accordance with law.

Issue for consideration

Whether the S.H.O., Baniyapur Police Station was required to register a fresh F.I.R. on the petitioner's complaint dated 06.01.2024 concerning the forcible closure of the School on 04.01.2024, notwithstanding the earlier Baniyapur P.S. Case No. 511 of 2023 lodged over a similar incident. +1 more

Court's answer

In view of the submission made by the learned Advocate on behalf of the State/respondents, the Court disposed of the instant criminal writ petition by directing the S.H.O. concerned to register the F.I.R.

Ratio / Principle

The S.H.O., Baniyapur Police Station is directed to register F.I.R. on the basis of the complaint dated 06.01.2024.

Key takeaways

After registering the complaint, the Investigating Officer shall conduct investigation of the case in accordance with law.ratio¶38

Detailed headnote1 paragraphs

Patna High Court — Criminal Writ Jurisdiction — CR. WJC No. 1667 of 2024 — decided 05.02.2025 — Bibek Chaudhuri, J. Petitioner, Principal of Ranju Singh Jhalku Rai Senior Secondary School (affiliated to the Bihar Secondary Examination Board), Lauwan, Bedauli, Saran, had lodged Baniyapur P.S. Case No. 511 of 2023 (27.11.2023) under Sections 341/323/379/354(B)/427/504/34 I.P.C. over attempted forcible possession of the school premises on expiry of lease; executive authorities restored possession to her on 02.01.2024. On 04.01.2024 the accused persons of the first F.I.R. again trespassed and padlocked the entrance gate, closing the school. When she attempted a fresh complaint on 06.01.2024, the police refused to accept the F.I.R., citing the earlier FIR over a similar incident. While respondents' counsel characterised the dispute as civil in nature, the Advocate for the State conceded that where an affiliated school cannot run and student documents are allegedly destroyed, the acts constitute criminal offences for which a fresh F.I.R. ought to be lodged. In view of that submission the Court directed the S.H.O., Baniyapur Police Station to register the F.I.R. on the complaint dated 06.01.2024 and the Investigating Officer to investigate in accordance with law; the criminal writ petition stood disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1667 of 2024

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

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

Swati Shubham Daughter of Sanjay Prasad Singh R/V- HOUSE NO. 145, VISWASWARIYA NAGAR, NEAR BIHAR PHARMACY COLLEGE, P.S.RUPASPUR, DISTT.- PATNA

... ... Petitioner/s

Versus

The State of Bihar

The Additional Chief Secretary, Department Of Home, Patna, Bihar

The Director General Of Police Bihar, Patna

The Inspector General Of Police, Bihar, Patna Patna,

The Deputy Inspector General Of Police, Saran Saran,

The District Magistrate, Chhapra, Saran

The Superintendent Of Police, Chapara, Saran

The Deputy Superintendent of Police, Saran

The Officer-In-Charge Police Station, P.S.- Baniyapur, Chhapra, Saran

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Singh, Sr. Adv., Mr. Rajesh Kumar Sinha, Adv., Ms. Amisha Sinha, Adv. For the State : Mr. K.P. Gupta, G.P-10, Mr. Anwar Karim, AC to GP-10 ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

6 05-02-2025 The petitioner is a Principal of a School under the

name and style of Ranju Singh Jhalku Rai Senior Secondary, School, Lauwan, Bedauli at Saran in the District of Chapra.

Sometimes in the year 2023-2024, there was a

disturbance in School premises in asmuchas some persons wanted forcible possession of the School premises on the ground of expiry of lease. The Principal of the said School

Patna High Court CR. WJC No.1667 of 2024(6) dt.05-02-2025 2/4

lodged an F.I.R. on 27.11.2023 being Baniyapur P.S. Case No. 511 of 2023, under Sections 341/323/379/354(B)/427/504/34 of the I.P.C. The said outsiders forcible closed the entrance door of the School. The matter was informed to the concerned Authorities under the Executive Branch of Administration. The Authorities restored possession of the said School on 2^nd January, 2024 in favour of the Principal.

Again on 4^th January, 2024, some anti social and goons being the accused persons of the first F.I.R. illegally trespassed into the premises of the said School and put a padlock on the entrance gate of the School. Since, then the said School is closed.

It is submitted by the learned Senior Counsel on behalf of the petitioner that the said School is affiliated to the Bihar Secondary Examination Board. As the School is closed, the academics of the students are being violated. Not only this, there are valuable documents in respect of the admission of the students, records of their date of birth and other documents. The accused persons are now destroying the said documents.

The petitioner tried to lodge a fresh complaint over the subsequent incident on 6^th January, 2024, but the Police refused to accept said F.I.R., on the ground that previously one

Patna High Court CR. WJC No.1667 of 2024(6) dt.05-02-2025 3/4

F.I.R. has been lodged over the similar incident.

It is submitted by the learned Senior Counsel that the incident dated 4^th January, 2024 is absolutely different incident, where the School premises was forcibly closed. The students and the teachers were wrongfully restrained from entering into the School premises and the documents are being destroyed.

It is contended on behalf of the respondents that the dispute between the School Authority and the accused persons of the first F.I.R was civil in nature, because the School Authority is under obligation to deliver possession of the School premises after expiry of the period of lease.

The learned Advocate on behalf of the State frankly submits that the essentially dispute between the parties may be of civil nature, but if the School Authority is not permitted to run an affiliated School and the documents of the students are allegedly destroyed, the purported act on the part of the accused persons of the first F.I.R. is a criminal offence, for which fresh F.I.R. ought to have been lodged by the Police.

In view of such submission made by the learned Advocate on behalf of the State/respondents, the instant criminal writ petition is disposed of directing the S.H.O. of the

Patna High Court CR. WJC No.1667 of 2024(6) dt.05-02-2025 4/4

Baniyapur Police Station to register F.I.R. on the basis of the complaint dated 6^th January, 2024.

After registering the complaint, the Investigating

Officer shall conduct investigation of the case in accordance with law.

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

(Bibek Chaudhuri, J)

pravinkumar/-

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