Patna High Court - Orders
Ram Nandan Singh @ Ram Balak Singh vs The State Of Bihar on 7 July, 2021
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)
Miscellaneous Jurisdiction Case No.850 of 2021
In
Criminal Writ Jurisdiction Case No.375 of 2020
======================================================
Ram Nandan Singh @ Ram Balak Singh Son of Late Jalo Singh, resident of
Village - Pacheya, Post/P.S.- Nardiganj, District - Nawada, PIN - 805109.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. Amir Subhani, the Principal Secretary,
Department of Home, Bihar, Patna.
2. Mr. S.K. Singhal, the Director General of Police, Bihar, Patna.
3. Mr. Pradeep Kumar Srivastava, the Dy. Inspector General of Police, Magadh
Range, Gaya.
4. Miss D.S. Savlaram, the Superintendent of Police, Nawada.
5. Mr. Yas Pal Meena, the District Magistrate, Nawada.
6. Mr. Upendra Kumar, the Sub Divisional Police Officer, Nawada Sadar,
District - Nawada.
7. Ram Kripal Yadav (Male, Age- 45 years), the Sub Inspector of Police-cum-
In charge Station House Officer, Nardiganj Police Station, District -
Nawada, son of Late Ram Prasad Yadav.
8. Mr. Vinay Kumar, A.D.G., C.I.D., Bihar, Patna.
9. Sri Mohan Kumar, S.H.O. Nardiganj Police Station, District - Nawada
10. Sri Madan Kumar Singh, Sub-Inspector of Police, Nardiganj Police Station,
District - Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sidhendra Narayan Singh, Advocate
For the Opposite Party/s : Mr.Prabhu Narayan Sharma, AC to A.G.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
4 07-07-2021Heard Mr. Sidhendra Narayan Singh, learned counsel for the petitioner and Mr. Prabhu Narayan Sharma, learned A.C. to learned A.G. This contempt application alleges wilful disobedience and disregard to the order dated 23.12.2020 passed Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 2/12 by this court in Cr.W.J.C. No. 375/2020. The relevant part of the order dated 23.12.2020 are extracted hereunder for a ready reference:-
"This Court would observe that in the present case on receipt of the information from the son of the petitioner the learned Magistrate should have considered the same in accordance with law, could have either referred the same to the Police Station for registering F.I.R. or he may have enquired into the same himself before taking a view thereon as to whether a prima-facie case is made out or not but the learned Magistrate seems to have acted in a routine and mechanical manner in forwarding the accused to Judaical custody without passing an appropriate order on the applications filed by him in his own pen which are Annexure '2' and '2/A' to this application. The report received from the learned Magistrate does not inspire confidence. It is not expected that a Judicial Officer shall tell his clerk to inform the senior police officers about the assault to an accused produced before him. The learned Magistrate should have enquired into the matter in accordance with law.
This Court would wish that the learned Magistrate would be more sensitive in future whenever an accused is produced before him in Police custody and the accused complains of torture committed upon him after his arrest.
In the given facts and circumstances, the materials such as Annexure 'B' to the counter affidavit and that the State has also no objection if the entire matter is investigated by C.I.D., this Court instead of directing the petitioner to approach the learned court below, thinks it just and proper to refer the entire issue to the C.I.D., Government of Bihar to register a First Information Report on the basis of the information furnished by the son of the petitioner as regards his alleged torture in Police custody after his arrest from his house in the early morning hours at about 4.00 A.M. on 11.08.2020. Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 3/12 Annexure '2' to the present application which was submitted by him before the learned Magistrate, Nawada shall be treated as an information for this purpose.
The A.D.G., C.I.D. shall ensure registration of a First Information Report and get investigated the matter in accordance with law within a reasonable time and submit a report accordingly in the appropriate court.
Since the conduct of the I.O. of Nardiganj P.S. Case No.175 of 2020 is also being examined and he has been served with Prapatra 'K', let the records of Nardiganj P.S. Case No. 175 of 2020 be also sent to the C.I.D. for carrying an independent investigation afresh and submit a report in this regard as well before the appropriate court.
Let it be recorded that the direction to register F.I.R. and investigate the matter would not be construed as an opinion of this Court either in favour of the petitioner, the accused or against the respondent no. 7 and it is expected that the C.I.D. shall investigate the entire matter independently and in accordance with law and without being influenced by observation, if any.
Let a copy of this order be communicated to the Principal Secretary, Department of Home, Government of Bihar, the S.P., Nawada as well as to the Additional Director General, C.I.D., Government of Bihar.
This application stands disposed of accordingly."
This contempt application has been filed on or about 04.03.2021. In the contempt application there is a categorical statement that for the first time on 02.02.2021 Mr. Kaushalendra Kumar, a Sub-Inspector of C.I.D. contacted the victim Ajit Kumar who is the son of the petitioner and requested him to furnish a written complaint to the S.H.O. of the Nardiganj Police Station. The victim submitted his written complaint on Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 4/12 02.02.2021 itself to him. It is stated that the C.I.D. Officer handed over the written complaint to the S.H.O. concerned Sri Mohan Kumar on 03.02.2021 but despite the call made to said Mohan Kumar S.H.O. on 08.02.2021 it was reported that no F.I.R. had been registered. The Superintendent of Police, Nawada was also contacted but no action was taken to register the F.I.R. in terms of the order of this court.
In paragraph '9' of the contempt application, it is stated that the records of the case being Nardiganj P.S. Case No. 175/2020 was not sent to the C.I.D. to carry on an independent investigation as ordered by this court. It is stated that there is a gross violation of the order of this court and a case of deliberate disobedience on the part of the opposite parties.
A show cause has been filed on behalf of the A.D.G., C.I.D. (Opposite Party no. 8). According to him, vide letter bearing no. 183 dated 05.02.2021, the Superintendent of Police, Nawada requested to A.D.G., C.I.D. Bihar, Patna to give guidelines. The letter has been marked as Annexure 'A' to the show cause. This confirms the stand of the petitioner that the Police Sub-Inspector, Kaushalendra Kumar had obtained the complaint from the son of the petitioner and handed over the same to the Officer-in-Charge, Nardiganj Police Station. The Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 5/12 Superintendent of Police, Nawada has confirmed about the receipt of the same. In this letter, there is no statement that the F.I.R. had been lodged but a guideline has been sought for from the A.D.G., C.I.D., Bihar, Patna as to who should be made the I.O. of this Case. In response to the letter of Superintendent of Police, Nawada, the A.D.G., C.I.D. responded vide his letter no. 690 dated 18.03.2021, wherein he referred Rule 425/410(B)(II) of the Bihar Police Manual and informed the Superintendent of Police, Nawada that Sri Bipin Kumar Mishra, Inspector of Police, C.B. Team, Gaya shall investigate the matter.
It seems that except these two letters which are Annexure 'A' & 'B' respectively, there is nothing on the record to show any further development.
The records of Nardiganj P.S. Case No. 175/2020 was not sent to the C.I.D. and Nawada Police through same I.O. kept on doing investigation of the said case in utter disregard to the order of this. It is admitted position that I.O. of Nardiganj P.S. Case No. 175/2020 was himself being examined and Prapatra 'ka' was served upon him, there was a clear direction of this Court to send the records of Nardiganj P.S. Case No. 175/2020 to the C.I.D. for carrying independent investigation afresh and submit a report in this regard before the appropriate court. Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 6/12 In the show cause filed on behalf of the opposite party no. 8 there is a statement that the charge of Nardiganj P.S. Case No. 175/2020 was handed over to the Inspector, Bipin Kumar Mishra, C.B. Team, Gaya, C.I.D. with all relevant documents on 28.06.2020.
Learned counsel for the petitioner has brought on record the copy of final form/charge-sheet filed in Nardiganj P.S. Case No. 175/2020 vide Charge Sheet No. 82/2021 dated 26.05.2021. A perusal of the copy of the charge-sheet would show that the I.O. of the case continued with the investigation and has submitted the charge-sheet when the present contempt application was pending before this Court.
The show cause filed on behalf of the A.D.G., C.I.D. is completely silent on this issue as he seems to have no information that now that the Nardiganj Police has not left anything for C.I.D. and in a hurry to somehow defeat the order of this Court they have submitted a charge-sheet.
Another show cause on behalf of opposite party no. 4 & 6 has been filed. They are the Superintendent of Police, Nawada and Sub-Divisional Police Officer, Nawada Sadar, District - Nawada. There are only two information in the show cause, firstly, that on 13.04.2021 Nardiganj P.S. Case No. Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 7/12 67/2021 has been registered under Section 341/323/324/379/504/227 of the Indian Penal Code against 1. S.I. Ram Kripal Yadav 2. Dafadar Chandramoli Singh 3. BHG Shivnandan Prasad 4. BHG Kishori Prasad 5. BHG Babloo Lal Prasad Yadav 6. S.I. Madan Kumar Singh 7. Badelal Yadav and 100 unknown police persons. Sri Bipin Kumar Mishra, Police Inspector, C.I.D. was made I.O. of the case.
The show cause further states that the charge of investigation of Nardiganj P.S. Case No. 175/2020 was handed over to Inspector Bipin Kumar Mishra, C.B. Team, Gaya, C.I.D., Bihar, Patna with all documents on 28.06.2021. Again this affidavit does not disclose that during pendency of the case the I.O. Madan Kumar Singh who is himself an accused in Nardiganj P.S. Case No. 67/2021 has filed a charge-sheet on 26.05.2021.
Prima-facie, to this Court it appears that there is a concealment on the part of the Superintendent of Police, Nawada and S.D.P.O. Nawada in not disclosing true and correct facts, rather misleading the court by saying that the charge of investigation has been handed over to C.I.D. on 28.06.2021. Charge-sheet clearly states that the investigation of the case has come to end.
Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 8/12 After recording the aforesaid facts which are matters of record, this Court is shocked and disturbed. This court is at pain upon finding at this stage prima-facie that the Superintendent of Police, Nawada, S.D.P.O. Nawada, the S.H.O. Nardiganj Police Station and the Investigating Officer, Nardiganj Police Station, Nawada are involved in deliberately disobeying the order of this Court. They have shown complete disregard to the order of this court, firstly by not transferring the records of Nardiganj P.S. Case No. 175/2020 to the C.I.D. for complete five months, then further disobeying the order by carrying on investigation of the said case and they have shown complete disregard to the order of this Court by submitting a charge-sheet in the matter on 26.05.2021 showing that the investigation of the case is closed, secondly it writs large on the face of the record that after the written complaint dated 02.02.2021 was submitted to the S.H.O. Mohan Kumar, he did not lodge the F.I.R., the S.P. Nawada, in order to buy some time wrote a completely misplaced kind of letter to the A.D.G. C.I.D. seeking a guidance as to who should be made an Investigating Officer of the case. The fact was that no case was registered on the said date on the basis of the complaint dated 02.02.2021. The S.P. Nawada was, thus, only wasting the time and delaying Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 9/12 the action against the erring officials. Annexure 'B' is the letter of the A.D.G., C.I.D. which shows that the F.I.R. be lodged and Sri Bipin Kumar Mishra, Inspector of Police, C.I.D. shall investigate the case. Despite this letter no F.I.R. was lodged and only when this matter was being mentioned before this Court for urgent hearing, the F.I.R. was lodged on 13.04.2021 that too under Section 323 and other allied sections.
It has been categorically recorded in the order dated 23.12.2020 in the writ petition that on production before the learned Magistrate the son of the petitioner was found having 13-17 injuries on his body and all these injuries, as alleged were caused after taking him in custody by S.I. Ram Kripal Yadav, thus, lodging a case under Section 323 I.P.C. where a person has suffered 13-17 injuries on his body in police custody only indicates that how the S.P. Nawada, the S.D.P.O., Nawada and the S.H.O. of the Police Station namely Mohan Kumar were trying to save the accused S.I. Ram Kripal Yadav.
In the light of the aforesaid discussions, this Court is satisfied that a prima-facie case of contempt has been made out against the S.P. Nawada, S.D.P.O. Nawada, S.H.O. Nardiganj, Nawada and I.O. of P.S. Case No. 175/2020.
Let Sri Mohan Kumar, S.H.O. Nardiganj Police Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 10/12 Station, District - Nawada, Sri Madan Kumar Singh, Sub- Inspector of Police, Nardiganj Police Station, District - Nawada be added as opposite party no. 9 & 10 respectively.
Let a show cause notice be issued to Ms. D.S. Savlaram, Superintendent of Police, Nawada (respondent no. 4), Mr. Upendra Kumar, the Sub-Divisional Police Officer, Nawada Sadar, Nawada (respondent no. 6), Mr. Mohan Kumar, S.H.O. of Nardiganj Police Station, District - Nawada and Madan Kumar Singh, Sub- Inspector of Police, Nardiganj Police Station, District - Nawada calling upon them to show cause as to why proceeding for contempt be not initiated against them for wilfully and deliberately disobeying and showing disregard to the order of this Court.
Requisites for notice through both by ordinary process as well as under registered cover with A/D, must be filed within one week.
The A.D.G., C.I.D., Bihar, Patna (Opposite party no.8) is expected to review both the cases being Nardiganj P.S. Case No. 175/2020 and Nardiganj P.S. Case No. 67/2021 and shall issue necessary direction to the I.O. who is the Inspector of Police, C.I.D. to act in terms of the order dated 23.12.2020 passed by this Court in Cr.W.J.C. No. 375/2020 and submit a report in accordance with law. If, according to him, there are materials available on the record to add any other sections of the I.P.C. in the Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 11/12 F.I.R. of Nardiganj P.S. Case No. 67/2021, the same be also done immediately within a week and appropriate application be filed in this regard in the learned court below and action be taken against the accused persons like any other accused.
In the kind of development noted hereinabove, this Court being a constitutional court and a court of record would exercise it's inherent power to stall all efforts made by the aforementioned officers to circumvent the order passed by this Court in the writ petition, they cannot be allowed to make the order of this Court ineffective and inoperative. This Court, thus, direct that the charge- sheet bearing no. 82/2021 dated 26.05.2021 filed by Sri Madan Kumar Singh (Investigating Officer) under approval of the S.H.O. Mohan Kumar shall not be acted upon and no further action shall be taken on that basis. As per direction of this Court in the writ application the C.I.D. shall conduct investigation from the stage where this court had passed order dated 23.12.2020.
Direction aforesaid to not act upon the chargesheet is not a 'Mandamus' as it is generally understood under Article 226 of the Constitution of India, rather it is only to preserve the effectiveness of the order of which contempt has been alleged.
The aforesaid order is being passed keeping in mind that prima-facie the order passed by this Court in the writ application has been sought to be defeated by the Police authorities.
Patna High Court MJC No.850 of 2021(4) dt.07-07-2021 12/12 The observations of this Court are prima-facie at this stage.
Let this order be communicated through FAX to the A.D.G., C.I.D., Bihar, Patna and the Superintendent of Police, Nawada.
The Superintendent of Police, Nawada shall be responsible to serve a copy of this order upon Sri Upendra Kumar the S.D.P.O., Nawada, Sri Mohan Kumar, S.H.O. Nardiganj Police Station, District - Nawada and Sri Madan Kumar Singh, Sub- Inspector of Police, Nardiganj Police Station, District - Nawada.
This court has been informed that the present Investigating Officer of the C.I.D. is insisting upon the complainant to enter into a compromise and settle the matter with the accused persons. The A.D.G., C.I.D. shall also look into it and ensure that such things should not happen and credibility of the investigation must be preserved.
Let the matter be listed at the top of the list under the same heading after three weeks or on 28th July, 2021.
(Rajeev Ranjan Prasad, J) Rajeev/-
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'.