SANJAY MISHRA, S/O SRI RASHBIHARI MISHRA, R/O VILLAGE + P.O. Vs. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) (C.A.V.) - The petitioner has filed this writ application for quashing the order dated 10.10.2015(Annexure-4) passed in Bihar Control of Crimes Act Case No. 159/2015, by the District Magistrate, Buxar, (Respondent No. 2), 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 appear physically, before the Officer In-charge of Dhansoi Police Station from 15.10.2015 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 30.09.2015, a notice contained in Memo No. 179 dated 30.09.2015 (Annexure-1) was issued upon the petitioner, by the District Magistrate, Buxar, in terms of Sec. 3 of the Act, for submitting his explanation on 06.10.2015, 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. 5228 dated 29.09.2015 and Memo No. 1532 dated 23.09.2015 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 that 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 registered as Brahampur P.S. Case No. 199/2013 dated 24.07.2013 instituted under Sections 147, 148, 149, 341, 323, 307, 379, 427 of the Indian Penal Code and 27 of the Arms Act, pending against this petitioner.

(3.) The petitioner filed his reply before the District Magistrate, Buxar, contending therein that he has been granted anticipatory bail in connection with the said Brahampur P.S. Case No. 199/2013 and he is not an anti-social element within the definition of Sec. 2(d) of the Act, rather he is a law abiding citizen and elected Mukhiya of Gram Panchayat, Yogia, Block - Brahampur, District - Buxar. The petitioner also contended in his reply to the said notice that vide Letter No.4001 dated 23.09.2008, the Superintendent of Police, Buxar, had sent a proposal to the Superintendent of Police (C), Crime Investigation Department, Bihar, Patna, for giving award to the petitioner, considering his contribution and assistance to the police department. The petitioner also stated that he was provided security guard by the District Administration considering life threat, but subsequently it was withdrawn. It is submitted by the petitioner that the respondent no. 2 did not consider the reply properly but passed the order impugned, which is illegal and requires interference.