VIJAY SONI Vs. STATE OF BIHAR

JUDGEMENT

(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.) 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.