Patna High Court - Orders
Amar Nath Poddar vs The State Of Bihar Through Its ... on 25 June, 2021
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)
Criminal Writ Jurisdiction Case No.68 of 2021
Arising Out of PS. Case No.-311 Year-2020 Thana- KOTWALI District- Munger
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AMAR NATH PODDAR Son of Shri Hari Lal Poddar Resident of Lohapatti,
Bekapur, Munger, Bihar- 811201.
... ... Petitioner
Versus
1. The State of Bihar through its Additional Chief Secretary Having its Office
Situated at- Old Secretariat, Patna- 800001, Email Id- secy-home-
[email protected], Phone No.- 0612-2294050.
2. The Bihar Police through its Director General of Police Having its office
situated at- Police Headquarters, Sardar Patel Bhawan, Nehru Marg, Patna-
800023, Email ID- [email protected], Phone No.- 0612-2217833
3. The Central Bureau of Investigation (CBI), through its Superintendent of
Police, Patna, Bihar Having its office situated at- Dr. S.K. Singh Path, Bailey
Road, Patna- 800022, Email ID- [email protected], Phone No.- 0615-
2235577.
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Alakh Alok Srivastava, Adv.
Mr.Manas Prakash, Adv.
For the Respondent/s : Mr.Lalit Kishore, A.G.
Mr. Nadim Seraj, GP-5.
For Brajesh Kumar Singh: Mr. Chakrapani, Adv.
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
14 25-06-2021Heard Mr. Alakh Alok Srivastava, learned counsel for the petitioner, Mr. Lalit Kishore, learned Advocate General assisted by Mr. Nadim Seraj, learned G.P.5 and Mr. Chakrapani, learned Advocate. Mr. Vinay Kumar who is Additional Director General (ADG) of Crime Investigation Department, Bihar ('CID') is also present.
After hearing for some time, the learned Advocate General and the A.D.G., C.I.D. as also Mr. Chakrapani who has sought to intervene on behalf of Mr. Brajesh Kumar Singh, Sub- Patna High Court CR. WJC No.68 of 2021(14) dt.25-06-2021 2/6 Inspector of Police (S.I.), this Court at this stage directs the Bench Officer to open the sealed envelope in which a report has been submitted by the C.I.D. The envelope has been opened now and the report together with the annexures have been found. The report is running in 33 pages. Annexures are, however, not paginated.
The A.D.G., C.I.D. has drawn the attention of this Court towards the statements made under the point (viii) dealing with the status of other cases in relation to the Munger police firing incident. In one of the paragraphs, it is stated that some of the other cases which have got the bearing upon the cases presently with the C.I.D. are (i) Kotwali P.S. Case No. 310 of 2020 dated 31.10.2020 under Sections 352, 323 and 34 of the Indian Penal Code and (ii) Kotwali P.S. Case No. 312 of 2020 dated 01.11.2020 under Sections 147/342/323/153A/295A/307 I.P.C. These are the cases in which police officers and men have been made accused in relation to the firing incident on 26.10.2020. It is further stated in the report that C.I.D. has reviewed the investigation of this case because the S.I., Brajesh Kumar Singh is a named accused in this case.
In course of briefing of the developments so far in course of investigation, the A.D.G., C.I.D. has informed this Court that fifty two public witnesses have been examined so far, five Patna High Court CR. WJC No.68 of 2021(14) dt.25-06-2021 3/6 Doctors, seven senior officials, the Magistrates deputed there on the said date and all other police officials who were said to be present at the place of occurrence have been examined. This Court has been further informed that the C.I.D. has seized all the three pistols of the police officials together with the ammunition and one Insas rifle of the C.I.S.F.. All these arms and ammunitions have been sent to the F.S.L. for ballistic reports and to examine the arms and ammunition from all other angles.
Mr. Chakrapani, learned Advocate has entered appearance today and sought to intervene in the matter on behalf of Mr. Brajesh Kumar Singh, the S.I. The said S.I. was posted at the relevant time as the S.H.O. Vasudeopur O.P. Mr. Chakrapani has drawn the attention of this Court towards the 3 rd paragraph of the order dated 19.05.2021 and submits that in fact the Court was wrongly informed by the C.I.D. that this officer was absconding. He has further sought to address this Court saying that the said S.I. was on leave after the alleged occurrence and prior to the filing of the FIR. According to him the S.I. is presently under suspension with his headquarter fixed at Patna. It is stated that he had deposited the arm.
Mr. Chakrapani has further submitted that what has been informed to this Court by the C.I.D. is not correct and this Court need not take cognizance of the words of the C.I.D. Patna High Court CR. WJC No.68 of 2021(14) dt.25-06-2021 4/6 In response, the A.D.G., C.I.D. has reiterated that Brajesh Kumar Singh, the S.I. of Police was absconding with the arms and ammunition. He was, therefore, placed under suspension. The A.D.G. has further informed this Court that later he appeared and submitted his pistol and 32 rounds of ammunition on 31.03.2021. He was sought to be examined, his written statement (unsigned) has been taken but it has been found that S.I. Brajesh Kumar Singh was not cooperating with the investigation and his replies were mostly evasive.
After hearing Mr. Chakrapani, this Court finds no reason to entertain the intervention on behalf of the S.I. Brajesh Kumar Singh. This case is still under investigation and the investigating agency is proceeding according to it's own wisdom. This Court is at this stage only monitoring the investigation keeping in mind the purpose of continuous mandamus in course of investigation and it is monitoring only not supervising the case. The intervention of S.I. Brajesh Kumar Singh is, thus, uncalled for and cannot be entertained.
This Court has, however, once again curiosity to understand the reason as to why a police officer who according to the investigating agency was absconding with the arm and ammunition and has been found evasive in his reply even as he is not cooperating with the investigation is being treated so softly. Patna High Court CR. WJC No.68 of 2021(14) dt.25-06-2021 5/6 The investigating agency must remember that they would be required to keep the credibility of the investigation intact as this Court has reposed it's faith and confidence in the investigating agency under a bonafide belief that they will treat each and every person in these cases in the same manner as they treat any common citizen. This Court understands that the A.D.G., C.I.D. will have to explain this somewhere.
At this stage, Mr. Alakh Alok Srivastava, learned counsel for the petitioner points out towards the last paragraph of the order dated 19.05.2021 passed by this Court. It is his submission that the number of witnesses whose name appear on page 12 and 20 of the supplementary affidavit filed on behalf of the petitioner earlier in the writ proceeding are still required to be examined and for that reason he submits that what was undertaken by the ADG, CID and has been recorded by this Court in the last paragraph of the order dated 19.05.2021 has not been complied with.
Mr. Vinay Kumar, ADG, CID, however repels the contention of learned counsel for the petitioner and submits that perhaps learned counsel for the petitioner is not aware that the CID has examined a number of witnesses including the injured witness Ashutosh Kumar. The investigation is still going on and the CID is looking to examine all such witnesses whose names have been furnished either in course of investigation or in the viral videos. According to him, still a large number of witnesses are to be Patna High Court CR. WJC No.68 of 2021(14) dt.25-06-2021 6/6 examined.
This Court is satisfied that the ADG, CID has explained the concern of learned Advocate representing the petitioner. The investigation is still going on and the CID would complete the examination of the remaining witnesses within a reasonable time.
Mr. Lalit Kishore, learned Advocate General and Mr. Nadim Seraj, learned G.P.-5 are present throughout the hearing of the case. The learned Advocate General has informed this Court that the State Government has now paid the compensation amount of Rs. 10 lacs to the petitioner. Mr. Srivastava, learned counsel for the petitioner has acknowledged it.
Let this matter be listed after two months i.e. on 26 th August, 2021 when further development in course of investigation shall be brought to the notice of this Court.
(Rajeev Ranjan Prasad, J) arvind/-
U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.