Patna High Court - Orders
Ram Nandan Singh @ Rama Balak Singh vs The State Of Bihar, Through The ... on 9 December, 2020
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.375 of 2020
Arising Out of PS. Case No.- Year-0 Thana- District- Nawada
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Ram Nandan Singh @ Rama Balak Singh, S/o Late Jalo Singh, Resident of
Village-Pacheya, Post/P.S.-Nardiganj, District-Nawada, Pin-805109.
... ... Petitioner
Versus
1. The State of Bihar, through the Principal Secretary, Department of Home,
Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Dy.Inspector General of Police, Magadh Range, Gaya.
4. The Superintendent of Police, Nawada.
5. The District Magistrate, Nawada.
6. The Sub Divisional Police Officer, Nawada Sadar, District-Nawada.
Nawada.
7. Ram Kripal Yadav, S/o Late Ram Prasad Yadav, the Sub Inspector of Police-
cum-In Charge Station House Officer, Nardiganj Police Station, District-
Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sidhendra Narayan Singh, Advocate
For the Respondent/s : Mr.Prabhu Narayan Sharma, A.C. to A.G.
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 09-12-2020Although the prayer of the petitioner is to issue a direction to register First Information Report against Ram Kripal Yadav who is Sub Inspector of Police posted at Nardiganj (respondent no. 7) and initially this Court was a prima-facie view that the petitioner should have approached the learned Chief Judicial Magistrate at Nawada to register the First Information Report but after going through the facts of the case placed before this Court and the kind of materials brought to the Patna High Court CR. WJC No.375 of 2020(2) dt.09-12-2020 2/8 notice of this Court, since this writ application is raising some issues of seminal importance as regards the constitutional rights of an accused and to some extent it is also indicating prima- facie subject to further consideration a complete violation of the mandates of the Hon'ble Supreme Court issued from time to time in respect of the practice and procedures to be followed in the matter of an arrest and production of an accused in connection with a case registered against him, this Court thinks it just and proper to entertain this writ application for further consideration.
The facts as disclosed in the writ application are that a vehicle of model Majic Sawari which belongs to this petitioner allegedly met an accident on 03.08.2020 and fell down in the field. The passengers in the vehicle came outside the vehicle and there was no causality. People were trying to lift/pull out the vehicle from the field, there was a crowd assembled. At this stage, the Sub Inspector of Police, Ram Kripal Yadav (respondent no. 7) reached there and as the vehicle was lifted out, the Police Officer wanted to seize the vehicle and bring the same to the premises of the Police Station. It is alleged that the petitioner and his brother objected to this action of the Police Officer and they were not allowing the Police Officer to seize the vehicle and bring it to the Police Station. Allegation is that there Patna High Court CR. WJC No.375 of 2020(2) dt.09-12-2020 3/8 was a scuffle between the petitioner and his brother on the one hand and the Police Officer on the other hand. It is alleged that this petitioner had caught the neck of the Police Officer and started pressing him and then three other persons also joined the petitioner. The Police Officer who is himself informant of Nardiganj P.S. Case No. 175 of 2020 has further alleged that as a result of pressing of the neck by the petitioner and three others he became unconscious but thereafter he recovered and came to the Primary Health Centre, Nardiganj where he got his treatment done. It is alleged that the vehicle was taken away by the petitioner and others taking advantage of the situation.
The petitioner has enclosed a copy of the injury report said to have been issued by the Primary Health Centre, Nardiganj on 03.08.2020 at about 10.50 A.M. in which it is reported that the said Ram Kripal Yadav (respondent no.7), S.I. has suffered bruises on neck and forearm and he had bodyache.
The case of the petitioner is that on 11.08.2020 at about 3.15 (during night hours) the respondent no. 7 forcibly entered in the residential portion of the house of the petitioner and took this petitioner in custody, he was brought to Police Station during the night hours and he has been brutally assaulted in Police custody causing 13 to 17 injuries on his body. Patna High Court CR. WJC No.375 of 2020(2) dt.09-12-2020 4/8 Allegation is also that a sum of Rs. 76,000/- in cash, Credit Card of LIC and ATM Card which were with the petitioner were also snatched from him but no seizure list was prepared. During the working hours on 11.08.2020 the petitioner was produced in the court of Sri Rajeev Kumar, learned Judicial Magistrate 1st Class, Nawada. It is his case that he himself submitted a written application (Annexure '2') addressed to the learned Presiding Officer of the court in which he specifically alleged that he has been brutally assaulted by respondent no. 7 who stood up on the chest of the petitioner and assaulted the petitioner by his shoes and then the petitioner has been assaulted brutally which has caused injury on his body and he was bleeding. He alleged that he was not getting treated by the escort party. Annexure '2' and '2/A' to the writ application have been enclosed with the writ application showing that such complaint was addressed to the learned Presiding Officer of the court.
Learned counsel for the petitioner has submitted that after the aforesaid complaints, though the petitioner was sent for medical examination but despite revelation of the fact that he was brutally assaulted by respondent no. 7 and the injury reports (Annexure '3/A') has been showing multiple bruises on different size on back, right arm, right shoulder and left shoulder the total Patna High Court CR. WJC No.375 of 2020(2) dt.09-12-2020 5/8 being 13 injuries noted on Annexure '3/A' and then lacerated wound on chest/finger and injuries found on left thumbs and left fore-fingers, the learned Magistrate did not register a case against the said Police Officer. It is his submission that by no means a Police Officer can exceed his power so as to cause as many as 13 to 17 injuries on the body of an arrested person and from the injury report it would appear that all injuries have been caused by hard and blunt substance within six hours. These are prima-facie materials, according to the petitioner which were disclosing commission of a cognizable offence by respondent no. 7 but the learned Judicial Magistrate who is fully competent under the provisions of the Code of Criminal Procedure to take cognizance suo motu on coming to know that a cognizable offence has been committed by a person, may be a police officer but by abuse of his power, the learned Magistrate did not act on the basis of Annexure '2', '2/A' and the injury report (Annexure '3/A').
Learned counsel submits that if the written complaint of an accused who has been assaulted in Police custody is not being taken care of by a Presiding Officer of the court, he has no option but to move this Court for protection of his constitutional rights. Learned counsel submits that it is a settled law that even an arrested person has his fundamental rights fully secured though restricted to some extent and it is one of those cases in Patna High Court CR. WJC No.375 of 2020(2) dt.09-12-2020 6/8 which apparently the fundamental rights of the petitioner have been interfered with, violated and infringed by respondent no. 7.
Learned counsel submits that apart from the fact that these facts were brought to the notice of the learned Judicial Magistrate at Nawada, it is also a matter of record it would be evident from Annexure '7' that a written complaint was sent to the Director General of Police, Bihar with copy thereof to the Superintendent of Police, Nawada but no action has been taken thereon, therefore, the petitioner has every reason to believe that he will not get justice unless this Court comes forward to protect the fundamental rights of the petitioner.
Mr. Prabhu Narayan Sharma, learned A.C. to learned A.G. was though initially of the same view which this Court was having prima-facie as indicated in the very beginning of this order but very soon after going through Annexure '2', '2/A' and the injury reports (Annexure '3/A') to the present application even learned A.C. to learned A.G. submits that in such circumstance where such huge injuries were there on the body of the petitioner and he was bleeding and this fact was reported to the learned Presiding Officer of the court with specific allegation against respondent no. 7, the learned Presiding Officer of the court was required to take appropriate steps in terms of the Constitution Bench judgment of the Hon'ble Supreme Court in Patna High Court CR. WJC No.375 of 2020(2) dt.09-12-2020 7/8 the case of Lalita Kumari Vs Government of U.P. & Ors. Reported in (2012) 4 SCC 1. He has sought some time to seek instruction in the matter and report to this Court as to what steps have been taken so far by the official respondents on the complaint of the petitioner.
This Court calls upon him to file a counter affidavit clearly indicating the stand of the official respondents and further as to why in the nature of the allegation against respondent no. 7 a case be not directed to be registered by an independent investigating agency such as the Central Bureau of Investigation or by the Crime Investigation Department of the Government of Bihar itself in the interest of justice and fair play in action.
This Court also calls for a report from Sri Rajeev Kumar, learned Judicial Magistrate 1st Class, Nawada as to what steps were taken by the learned Judicial Officer after receipt of Annexure '2', '2/A' as also after the injuries were reported and whether he had considered the kind of allegations made by the petitioner in writing for purpose of making an enquiry into the same.
Let a report from Sri Rajeev Kumar, learned Judicial Magistrate 1st Class, Nawada be obtained within two weeks. The Patna High Court CR. WJC No.375 of 2020(2) dt.09-12-2020 8/8 counter affidavit be filed by 21st of December, 2020.
Issue notice to respondent no. 7 by both modes ordinary process as well as registered cover with A/D for which requisites etc. must be filed by 14 th of December, 2020 on the address of S.P. Nawada who will transmit such notice to Respondent no. 7 at his place of present posting.
Learned counsel is also given liberty to send a copy of the writ petition with a copy of this order on e-mail of Superintendent of Police, Nawada for his doing needful towards service of notice on respondent no. 7 at his present place of posting.
Let this case be listed at the top of the list on 23 rd December, 2020.
Order be communicated through Fax to the learned court below.
(Rajeev Ranjan Prasad, J) vats/-
U T 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'.