AJAY KUMAR DAS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this writ application for quashing the order dated 04.07.2015 (Annexure-6), passed in Bihar Control of Crimes Act Case No. 12/2015, by the District Magistrate, Darbhanga, in exercise of power conferred under Sec. 3 of Bihar Control of Crimes Act, 1981 (hereinafter referred to as the Act ), by which the petitioner was directed to ensure his physical appearance on each and every Monday at 11.00 A.M. in Biraul Police Station since 13.07.2015 till completion of Bihar Assembly Election, 2015.

(2.) In short, case of the petitioner, is that he is a law abiding citizen, having respect for life and liberty of others, and he is a man of good moral and character. The District Magistrate, Darbhanga, in exercise of power conferred under Sec. 3 of the Act, on the basis of recommendation vide Letter No. 1935/D.C.B dated 24.06.2015 made by the Senior Superintendent of Police, Darbhanga, considering the two criminal cases bearing Kusheshwar Asthan P.S. Case No. 65/2011 dated 27.03.2011 registered under Sections 147,149, 323, 436, 504 I.P.C. and 3(i)(x) of SC/ST Act and Kusheshwar Asthan P.S. Case No. 75/2011 dated 10.04.2011 registered under Sections 147, 148, 149, 323, 324, 325, 333, 353, 307 and 504 Indian Penal Code, passed the order under challenge. The contention of the petitioner is that while passing the order impugned, the District Magistrate, Darbhanga, considered the said two criminal cases instituted against the petitioner and recorded his satisfaction that in order to hold free and fair Election, preventive order in terms of Sec. 3 of the Act was required to be passed. The further contention of the petitioner is that the District Magistrate, Darbhanga, did not consider the explanation submitted by the petitioner and without application of mind, passed the order under challenge, which does not qualify Sec. 2(d) and Sec. 3(1)(a) & (b) (ii) of the Act and the same is required to be interfered with.

(3.) A counter-affidavit has been filed on behalf of the Respondent Nos. 2, 3 and 4 of the writ petition. The contention of the above referred respondents is that a proposal under the Bihar Control of Crimes Act was submitted by the then Officer InCharge of Kusheshwar Asthan Police Station through proper Channel to the Senior Superintendent of Police, Darbhanga, on the grounds that the writ petitioner was accused in Kusheshwar Asthan P.S. Case No. 65/2011 and Kusheshwar Asthan P.S. Case No. 75/2011 and the presence of the petitioner in the district of Darbhanga, during the Assembly Election might have caused disturbance in free and fair Election. It is also contended that after completion of Assembly Election, the order dated 04.07.2015(Annexure-6) has lost its force.