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Patna High Court · body

2006 DIGILAW 1026 (PAT)

Vijay Soni v. State Of Bihar

2006-11-08

NAVANITI PRASAD SINGH

body2006
Judgment 1. Heard the parties. 2. The present writ application has been filed, by the petitioner for a direction to respondent no. 5, the Officer-in-charge of Semara Police Station, District-West Champaran to register first information report of cognizable offence against respondent no. 6 and for directing the enquiry into lapses in registering the said first information report and fixing accountability. State has filed a counter affidavit and is represented. As the facts are not in controversy, the present writ application is being disposed of, with the consent of parties, at the stage of admission itself. 3. It is alleged and now not disputed that on 29.04.2005, a Fard-e-bayan of Satyanarain Prasad Soni, the father of the petitioner was recorded at the MJK Hospital, Bettiah, District-West Champaran by the Sub-Inspector of Police V.N. Singh of Bettiah Town Police Station with regard to assault and injury caused on his person by respondent no. 6 with iron rods etc. A copy of the Fard-e-bayan is Annexure-1. As the place of incidence was village- Semara Bazar under Semara Police Station in the District of West Champaran itself, the said Fard-e-bayan as per endorsement thereon was forwarded to the Officer-in-charge of Semara Police Station oh 29.4.2005 itself after obtaining injury report of the petitioners father from the hospital itself. The petitioner, who is the son of the said Satyanarain Prasad Singh then proceeded with his father for his treatment to Banaras as the wounds aggravated where he subsequently-died as the cause of the wounds caused. On return, the petitioner found that Semara Police Station did not institute any case on basis of the Fard-e-bayan and, as such, filed a written criminal complaint in the Court of Additional Chief Judicial Magistrate, Bagaha against respondent. No. 6 mentioning the aforesaid facts. The Court then sought a report from Semara Police Station with regard to the allegations as made in the complaint. Petitioner found that neither first information report was being registered nor the police was responding to the queries by the Court, as such, he approached this Court. Further, in the counter affidavit of the State, it is stated that in October, 2005 itself, the Semara Police Station had reverted to the Court stating that it had not received the Fard-e-bayan as yet. 4. Further, in the counter affidavit of the State, it is stated that in October, 2005 itself, the Semara Police Station had reverted to the Court stating that it had not received the Fard-e-bayan as yet. 4. In the counter affidavit filed and sworn by Deputy Superintendent of Police (Headquarters), Bagaha, District-West Champaran on behalf of respondents, these facts are not disputed. A surprising stand has been taken in the said counter affidavit sworn on 20.10.2006 that is more than a year after the said incident and more than six months after this writ application has been filed that as the Fard-e-bayan, the recording of which is not disputed, has not been received in Semara Police Station from Bettiah Police Station in the same district, no first information report could be lodged. No reason is given as to why having got knowledge of commission of a cognizable offence even at this late stage why Semara Police Station did not institute a first information report. Further, what is more curious is even though the two Police Stations are within the same district and under the control of the same Superintendent of Police, no one at the district level takes the responsibility of this grave lapse. Even in the counter affidavit all that has been said is that a letter has been sent to Bettiah Police Station for forwarding the Fard-e-bayan to Semara Police Station. This is merely a lip service. 5. What is more curious is and which shows the malice on the part of the police is while speaking about this incident in the counter affidavit they have chosen to attack the credibility of petitioner by referring to an irrelevant fact with regard to a case instituted against the petitioner at Semara Police Station which has nothing to do with the. present case. This establishes the malice. 6. The facts stated above clearly demonstrate the callous disregard to Statutory duty which the police has to register and investigate an offence as and when they occur. Under the provisions of the Code of Criminal Procedure, every citizen, and 1 believe police is included within that definition, is duty bound to report knowledge of cognizable offence. I know no law which exempts police from such an obligation. A Police Officer recorded a Fard-e-bayan for a cognizable offence. Under the provisions of the Code of Criminal Procedure, every citizen, and 1 believe police is included within that definition, is duty bound to report knowledge of cognizable offence. I know no law which exempts police from such an obligation. A Police Officer recorded a Fard-e-bayan for a cognizable offence. It is not a question of truthfulness or otherwise thereof but as law contemplates a first information report had to be instituted. The Officer-in-charge, Bettiah Town Police Station having received the Fard-e-bayan goes into deep slumber. It is not forwarded to Semara Police Station which in the district itself. When this is brought to the notice of the Semara Police Station by communication of the learned Additional Chief Judicial Magistrate, Semara Police Station washes its hands off by merely stating that the Fard-e-bayan has not been received. It also goes into deep slumber. . It does not call for the Fard-e-bayan from the said Police Station immediately. Then when the matter comes before this Court and the district officials of the Police Department come to know of this, they also act in the most lethargic and irresponsible manner having callous disregard to the rights of the citizen. They merely write letter to the Bettiah Town Police Station asking for explanation. No attempt is made to see that the Fard-e-bayan is picked up from Bettiah Town Police Station and delivered to Semara Police Station for registering a first information report even though over one year has elapsed. The district administration in the Police Department instead takes a stand against the petitioner to impeach his character, and conduct by saying that he is an accused in another case. All that the Court can say is, what of it. That does not absolve the police administration from its statutory duty, this is a clear case where the police have been negligent by reason of callous disregard to their duty towards citizen. 7. Let a writ accordingly be issued to the Superintendent of Police, West Champaran to see that a first information report on basis of the Fard-e-bayan recorded above is instituted without any further delay or excuse and investigated in accordance with law immediately. 8. Let a copy of this order be sent to Director General (Prosecution), Bihar for necessary action against the erring police officials and guidance. 9. This writ application is, thus, allowed with the above observations.