RANJEET KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this writ application is to the order dated 22.01.2013 passed by the Bihar Human Rights Commission (for short 'BHRC') by which, it is stated, the BHRC reviewed its order dated 17.10.2012 and issued notice in terms of Sec. 16 of the Protection of Human Rights Act 1993 (for short 'the Act') as also the final order dated 04.03.2013 (Annexure-13) passed in File No. BHRC/Comp. 2214/12 directing the State respondents to recover Rs. 50,000.00 from the salary of the petitioner and to pay the amount to the applicant's husband (respondent no. 12) besides directing the respondent Senior Superintendent of Police, Patna to consider to initiate disciplinary proceeding and criminal case against the writ petitioner.

(2.) During the relevant period, the petitioner was posted as the Sub-Inspector of Police at Naubatpur Police Station. While on patrol along with S.A.P. Force in the evening of 15.5.2012, he received a confidential information that Santosh Kumar @ Santosh Singh (respondent no. 12) was having illicit arms. He proceeded to the place of occurrence and raided the house of respondent no. 12. He was found sleeping. A country made pistol with two live cartridges were allegedly recovered from beneath the pillow of his bed. In presence of two witnesses, a seizure memo was prepared and he was taken into custody. On his statement, Naubatpur P.S. Case No. 120 of 2012 dated 15.5.2012 under various penal provisions of the Arms Act was registered and the investigation ensued. The respondent no. 12 was produced before the Additional Chief Judicial Magistrate, Danapur on 16.5.2012 and under orders of the Court was sent to judicial custody. Later, the respondent no. 11 (wife of respondent no. 12) filed a complaint on 06.06.2012 before the BHRC alleging that she was being harassed by her cousin brothers on account of property dispute for which criminal complaints were lodged by her. Her husband was illegally framed in Naubatpur P.S. Case No. 120 of 2012. in connivance with the local police officers and elected representatives. The husband of the petitioner was later granted bail by the Additional Sessions Judge-II, Patna on 16.6.2012. In course of investigation of Naubatpur P.S. Case No. 120 of 2012, it was found that the case of possessing illegal/unauthorized arm was true against one Prashant Satyam @ Ranu and untrue against F.I.R. named accused Santosh Kumar @ Santosh Singh (respondent no. 12). In the meanwhile, the BHRC called for a report from the Sub-Divisional Police Officer, Phulwarisharif and on receipt of the report passed the following order dated 17.10.2012:-

(3.) On 5.12.2012, the respondent no. 11 filed an application (Annexure-10) before the BHRC setting out certain facts in relation to her complaint earlier lodged requesting the BHRC to pass appropriate orders. It was alleged that the writ petitioner in collusion with her enemies had illegally framed her husband (respondent no. 12) and he had to suffer incarceration for several days. The right inherent in a human being to live with dignity was breached by the writ petitioner. Vide order dated 22.01.2013 (part of Annexure-9), the BHRC decided to proceed against the writ petitioner and issued notice to him for filing written defence. The said order has been called as the order of review by the petitioner and challenged in the writ petition. On receipt of notice, the petitioner filed his detailed written defence on 28.02.2013 (Annexure-12) controverting the case of the applicant (respondent no. 11). Incidentally, it may be mentioned here that in Naubatpur P.S. Case No. 120. of 2012, the husband of the petitioner was not sent up for trial. Instead, non-F.I.R. accused namely Prashant Satyam @ Ranu was sent up for trial which is pending consideration on the file of the learned Trial Court. On filing of the written defence, the matter was heard by the BHRC on 28.02.2013 in presence of the writ petitioner and the final order was passed on 04.03.2013 leading to filing of the present writ petition.