DHARMENDRA KUMAR PANDEY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed by the petitioner, initially for quashing the show cause notice contained in Memo No. 190 dated 01.10.2015 (Annexure-4), issued by the District Magistrate, Buxar (Respondent No. 2), thereafter seeking amendment in the prayer by way of Interlocutory Application No. 1946 of 2014, for quashing the final order dated 07.10.2015 (Annexure-5), passed by the Respondent No. 2 in connection with Bihar Control of Crimes Act Case No. 175/2015, in exercise of power conferred under Section 3 of Bihar Control of Crimes Act, 1981 (hereinafter referred to as the Act ), by which the petitioner was directed to appear physically, before the Officer In-charge of Semri Police Station since 14.10.2015 to 09.11.2015, at 10.00 A.M. and 5.00 P.M., twice daily.

(2.) In short, case of the petitioner, is that on 01.10.2015, he received a notice contained in Memo No. 190 dated 01.10.2015 issued by the District Magistrate, Buxar, in terms of Sec. 3 of the Act, for submitting his explanation on 07.10.2015, as to why the proceeding under Sec. 3 of the Act be not initiated against him? The notice referred above was issued on the basis of the letter of the Superintendent of Police, Buxar, bearing no. 5258 dated 29.09.2015 and Memo No. 2946 dated 26.09.2015 of the Sub-Divisional Police Officer, Dumraon. The said notice mentions that the petitioner is an anti-social element and being involved in many criminal incidents and by the time he was out of jail custody and intended to threaten the voters, in the Bihar Assembly Election, 2015. The Superintendent of Police, Buxar, while submitting report for initiation of proceedings under Sec. 3 of the Act against the petitioner, mentioned a criminal case being registered as Rajapur P.S. Case No. 55/2002 dated 28.04.2002 instituted under Sec. 392 of the Indian Penal Code and Station Diary Entry No. 477 of Dhansoi Police Station dated 24.09.2015 against him.

(3.) The petitioner filed his reply before the District Magistrate, Buxar, but the same was not considered. The further case of the petitioner is that he is not an anti-social element rather he is an elected member of Zila Parishad, Buxar, from Rajapur East, Constituency in the district of Buxar. The petitioner also contended that so far the criminal case registered against the petitioner i.e., Rajapur P.S. Case No. 55/2002, as mentioned in the impugned notice dated 01.10.2015, as also in the order under challenge dated 07.10.2015 is concerned, he has been acquitted in the said case (Rajapur P.S. Case No. 55/2002) by the court of learned Additional District & Sessions Judge, Fast Track Court-III, Buxar, vide Judgment dated 22.07.2008, passed in Sessions Trial No. 59/07/05/07. The counsel for the petitioner submits that the impugned notice as well as the order mention about an station diary entry also, bearing no. 477 dated 24.09.2015 of Dhansoi Police Station, which has been brought on record vide Annexure-4 series of the counter-affidavit of the Respondent No. 2 but the very entry made in the station diary does not disclose about the source of information and it appears that such entry in the station diary was made by the Officer In-charge of Dhansoi Police Station with ulterior motive. The counsel for the petitioner further submits that the petitioner is not an anti-social element as defined in Sec. 2(d)(i) of the Act and the order impugned is unwarranted and illegal.