Patna High Court - Orders
Mehboob Rab vs The State Of Bihar Through D.G.P. Bihar & ... on 28 July, 2015
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No. 1115 of 2014
======================================================
Mehboob Rab, Chief Commercial Manager, East Central Railway, Hajipur.
.... .... Petitioner/s
Versus
1. The State of Bihar through D.G.P. Bihar.
2. Neel Kamal, Son of Late Mithan Lal, Correspondent E.Tv. News Patna,
resident of Kadam Kuan, Patna, District - Patna.
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr: S. D. Sanjay, Sr. Advocate.
Mr. Siddhartha Prasad, Advocate.
For the State : Mr. Nishant Kumar Jha, A.C. to G.P. 21.
=====================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
4 28.07.2015Learned counsel for the petitioner and learned AC to GP-21 for the State are present.
The present writ application seeks quashing of the F.I.R. of G.R.P. Patna Junction P.S. Case No. 417 of 2014 dated 07.09.2014 registered for offences punishable under Sections 341/323/427/307/379/504/506/34 of the Indian Penal Code.
As per the allegation, the petitioner along with others is said to have pushed the cameraman accompanying the informant and also physically assaulted him and further tried to snatch the camera from him and abused him.
Learned counsel for the petitioner submits that he is a Senior Officer of the Indian Railway Traffic Service and at the relevant time was posted as the Chief Commercial Manager, East Central Railway. It is submitted that besides the media persons regularly going on the railway platform without permission, were unauthorizedly trying to videograph Patna High Court Cr. WJC No.1115 of 2014 (4) dt.28-07-2015 2/2 the ticket checking activities creating obstruction and had also threatened the petitioner and others with dire consequences. For such incident a complaint was also lodged with the Government Rail Police being G.R.P. Patna Junction P.S. Case No. 418 of 2014.
A counter affidavit has been filed on behalf of the State enclosing the supervision report of the Superintendent of Police, Rail, Patna dated 29.12.2014 which goes to show that all the witnesses who were examined have not supported the version of the informant and in fact have held the informant himself responsible for causing obstruction in official duty and also for misbehaviour.
Issue notice to the respondent no. 2 both under registered cover with A/D as well as ordinary process for which requisites etc. must be filed within one week from today.
The case be listed upon service of notice or appearance of the respondent no. 2, whichever is earlier, among the top 10 cases.
Until further orders, no coercive measures shall be taken against the petitioner in connection with G.R.P. Patna Junction P.S. Case No. 417 of 2014 and the proceedings arising out of the said case in the Court below shall also remain stayed.
(Ahsanuddin Amanullah, J.)
P. Kumar
U T