Patna High Court - Orders
Santosh @ Santosh Singh vs The State Of Bihar Through Chief Sect., ... on 15 December, 2022
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1284 of 2022
Arising Out of PS. Case No.-169 Year-2022 Thana- GHOSWARI District- Patna
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Santosh @ Santosh Singh, S/O Rampravesh Kishore Narayan Singh @
Rampravesh Singh Resident of Village- Samyagadh Samaya No-5 (Samaya),
P.S.- Ghoshwari, District- Patna, 803306
... ... Petitioner/s
Versus
1. The State of Bihar through Chief Sect., Old Sect. Govt. Of Bihar, Patna
2. The Additional Chief Secretary, Home Dept. Govt. of Bihar.
3. The Director General of Police, Bihar, Patna
4. The Superintendent of Police (Rural), District- Patna. Bihar
5. The Senior Superintendent of Police, District- Patna. Bihar
6. The Sub Divisional Police Officer, Barh, District- Patna. Bihar
7. Banarasi Chaudhary, S.I. currently posted as O.P., Incharge Samya Garh,
P.S. Ghoswari Mokama District- Patna Bihar
8. Pramod Bihari Singh Currently Posted as A.S.I. O.P. Samya Garh, P.S.-
Ghoswari, Mokama, Dist- Patna Bihar
9. Vineet Kumar Currently posted as Supt. of Police (Rural), Dist.- Patna Bihar
10. Manavjit Singh Dhillon Currently Posted as Senior Supt. of Police, District-
Patna Bihar
11. The Additional Director General of Police, Crime Investigation Department,
Bihar, Patna Patna
12. Sub Divisional Magistrate,Barh, Patna Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shekhar Singh, Advocate
Mr.Avinash Singh, Advocate
Mr.S.N. Kumar, Advocate
For the State : Mr. Deepak Kumar, AC to GP-4
For the Respondent no.7 : Mr. Ansul, Advocate
For the Respondent no.8 : Mr. Sudhir Kumar Singh, Advocate
Mr. Amit Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
7 15-12-2022In today's hearing, the S.D.M., Barh namely Mr. Kundan Kumar and the Superintendent of Police (Rural), Patna Mr. Vineet Kumar have made their appearance. Patna High Court CR. WJC No.1284 of 2022(7) dt.15-12-2022 2/8 Learned counsel for the petitioner, the informant and the private respondent no.8 as also Mr. Deepak Kumar, learned AC to GP-4 for the State are present.
This Court firstly interacted with the S.D.M., Barh and called upon him to show as to on what basis 107 Cr.P.C. proceeding was initiated. The S.D.M. submitted that he initiated it on the basis of a police report. On perusal of the records, he admits that the police report simply mentions some names showing his apprehension that during the election time they may create disturbances. With the report, however, there is no material in form of any antecedent of those persons or complaints, if any, pending against them in the police station to even prima-facie satisfy the S.D.M. that a proceeding under Section 107 Cr.P.C. is required to be initiated against them. Having perused the records of 107 Cr.P.C. proceeding, the S.D.M. admits that the police report does not contain any information with regard to the conduct of those persons against whom the proceeding was recommended.
Then, this Court called upon the S.D.M. to show as to how he formed his opinion so as to proceed against them and issue summons. This Court has come to know from the S.D.M. that he had not read Section 107 Cr.P.C. till date. The Court took Patna High Court CR. WJC No.1284 of 2022(7) dt.15-12-2022 3/8 him through Section 107 Cr.P.C. and Section 204 Cr.P.C. to show as to what duty has been cast upon him under Section 107 Cr.P.C. in the matter of forming of an opinion based on sufficient grounds and how this obligation under Section 107 Cr.P.C. is in pari materia with the obligation cast upon a Magistrate of the first class while issuing summons/process in a police case/complaint case under Section 204 Cr.P.C. After reading both the Sections, the S.D.M. himself says that earlier he had not gone through these provisions and that has led to this commission of mistake on his part.
Moving further, this Court called upon the S.D.M. to show as to whether prior to issuance of warrant he had satisfied himself with the service report of summons, the only answer coming from S.D.M. is that since the election was going to be held very shortly and he had no time, he did not satisfy himself with the same. He further admits that on record there is no service report of summon and the order saying that summon has been served through police station is not supported with any material showing that the police had submitted a service report to the S.D.M. This Court found itself disturbed on hearing that an officer who is holding a responsible post of the S.D.M. at Barh Patna High Court CR. WJC No.1284 of 2022(7) dt.15-12-2022 4/8 and has initiated proceeding under Section 107 Cr.P.C. had never gone through the said Section earlier. The Court was looking to pass a stringent order but the S.D.M. has sought unconditional apology. Considering his unconditional apology and an assurance to this Court that in future at least he will be cautious in exercising his power and will not pass any order in ignorance of law, this Court is not passing any further order against him.
This Court has also interacted with Mr. Vineet Kumar, the Superintendent of Police (Rural), Patna. A question was put to him as to whether he was aware of the fact that the police had planned to raid multiple houses in the village during the midnight and whether he had granted permission for the same. The Superintendent of Police (Rural) has informed this Court that as regards the occurrence which took place at 08.15 am in the village he was telephonically informed by the S.H.O. but save and except to say that, he has no other material available either physically or electronically to show that any information was sent to his office. He further says that during his telephonic talk with the S.H.O. he had no doubt stated that in case the police force is required to handle the situation he will make available the same and after lodging of the FIR the accused may Patna High Court CR. WJC No.1284 of 2022(7) dt.15-12-2022 5/8 be arrested but there was no talk that the police force will be raiding the multiple houses in the village at any particular point of time. The Superintendent of Police (Rural) has categorically stated that as regards the raid conducted in the houses he had not issued any instruction and it is the S.H.O./O.P. incharge of Samiya Garh police O.P. who took this decision to conduct raid in the midnight on his own volition. There was no information in this regard to the senior police officer. At this stage, the Superintendent of Police (Rural) has also tried to impress upon this Court by producing a pen-drive containing clips of the alleged occurrence.
Mr. Shekhar Singh, learned counsel for the petitioner has, in order to strengthen his submission that the Superintendent of Police (Rural) had directed the informant to implicate some more persons in the case, produced another pen- drive which according to him contains the audio recording between Pramod Bihari Singh (informant) and a villager in which the informant is said to have stated that the Superintendent of Police (Rural), Patna had asked him to implicate 30-35 more persons. Learned counsel has submitted that he has made specific statement on oath in paragraph '24' of the writ petition.
Patna High Court CR. WJC No.1284 of 2022(7) dt.15-12-2022 6/8 Let both the pen-drives be kept on the record just for purpose of a discussion in this case, this Court is conscious of the fact that the pen-drive cannot be relied as it is, for the present by this Court, unless, it is duly proved before the competent court in accordance with law.
At this stage, on the request of the Superintendent of Police (Rural), Patna and the learned counsel for the State as well as learned counsel for the petitioner, this Court has played the pen-drives with the assistance of the technical assistant of this Court.
The pen-drive produced by the Superintendent of Police (Rural), Patna nowhere shows that there was any attack on any police officer or that the persons who are present in the premises of the police station are lashed with any weapon. The pen-drive produced by the petitioner has been played and the audio clip provides a talk between the informant and one villager in which the informant clearly says that he had given only six names but on the direction of the Superintendent of Police (Rural), Patna other names have been included.
These have been recorded by this Court after playing the pen-drive only because the Superintendent of Police (Rural), Patna has himself insisted this Court to go through the pen-drive Patna High Court CR. WJC No.1284 of 2022(7) dt.15-12-2022 7/8 clips. This Court has no intention to record these facts for use by investigating agency.
Since the matter is to be investigated by the C.I.D. as agreed by the State, the C.I.D. will be further examining the veracity of those electronic records along with the other evidences which may be collected in course of investigation.
Learned counsel for the respondent no.7 submits that he has filed a counter affidavit but if so advised he may file further affidavit within one week. Learned counsel for the respondent no.8 prays for a short adjournment to file counter affidavit.
In the meantime, since the State has already agreed that two FIRs lodged in connection with this case are required to be investigated by the C.I.D., this Court directs the Additional Director General of Police, C.I.D., Bihar, Patna to start investigation of both the cases by deputing some independent, impartial and competent police officers. The A.D.G., C.I.D. shall ensure that any police officer in any rank whosoever has been involved in these two cases shall not have any role in the matter of investigation of the cases.
The Superintendent of Police (Rural), who is present Patna High Court CR. WJC No.1284 of 2022(7) dt.15-12-2022 8/8 in person, is directed to hand over the entire records to the C.I.D for fresh investigation. Let copies of all the orders passed by this Court in this case be also sent to the A.D.G., C.I.D. for his records.
The personal appearance of the S.D.M., Barh and Superintendent of Police (Rural), Patna is dispensed with for the present.
Let the records of the 107 Cr.P.C. proceeding which has been received from the office of the S.D.M., Barh be handed over to him today itself.
Let this case be listed on 04.01.2023 at 2.15 PM.
(Rajeev Ranjan Prasad, J) arvind/-
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