BISHWANATH SARAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner, through this writ application, has prayed for a direction upon the concerned Respondents for initiating departmental proceedings as also for allowing adequate compensation for the physical injuries sustained by the son of the Petitioner due to the physical assault by the police/jail officials while he was in jail custody in connection with Banmankhi P.S. Case No. 69 of 1999 (Annexure-1) Registered for the alleged offence under Section 392 of the Indian Penal Code to which Section 411 of the Penal Code was later on added. The further prayer is for punishing the concerned officials for committing the Contempt of Court by disobeying the order dated 20.03.1999 passed by the Chief Judicial Magistrate, Purnea in the aforesaid case directing for the treatment of the son of the Petitioner at P.M.C.H., Patna.

(2.) The case of the Petitioner, in brief, is that while his son was in jail custody in connection with the aforesaid Banmankhi P.S. Case No. 69 of 1999 he was brutally assaulted by the police/jail official which caused serious injuries to him. The above fact was brought to the notice of the Chief Judicial Magistrate, Purnea, who directed for getting its medical treatment at P.M.C.H. as requested on behalf of the injured. The same having not done, the concerned official committed the Contempt of Court by disobeying the order dated 20th March, 1999 passed by the Chief Judicial Magistrate, Purnea besides directing for initiation of departmental proceedings for their misconduct under the services rules.

(3.) Counter affidavit has been filed on behalf of the Respondent No. 2 stating therein that the allegation, whatsoever, is not against the Respondent No. 2 in his personal capacity, and as such, he could not have been impleaded as a party in this case in his personal name. The further case is that the Respondent No. 2 in his official capacity as a District Magistrate duly forwarded the complaint of the Petitioner to the concerned official for taking appropriate action in the matter after verifying the allegations.