(1.) Heard the parties. 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.
(2.) It is alleged and now not disputed that on 29.04.2005, a Fard-e-bayan of Satyanarain Prasad Soni, the father of the petitioner was recorded at the MJK Hospital, Bettiah, District-West Champaran by the Sub-Inspector of Police V.N. Singh of Bettiah Town Police Station with regard to assault and injury caused on his person by respondent no. 6 with iron rods etc. A copy of the Fard-e-bayan is Annexure-1. As the place of incidence was village-Semara Bazar under Semara Police Station in the District of West Champaran itself, the said Fard-e-bayan as per endorsement thereon was forwarded to the Officer-in-charge of Semara Police Station on 29.4.2005 itself after obtaining injury report of the petitioner's father from the hospital itself. The petitioner, who is the son of the said Satyanarain Prasad Singh then proceeded with his father for his treatment to Banaras as the wounds aggravated where he subsequently-died as the cause of the wounds caused. On return, the petitioner found that Semara Police Station did not institute any case on basis of the Fard-e-bayan and, as such, filed a written criminal complaint in the Court of Additional Chief Judicial Magistrate, Bagaha against respondent. No. 6 mentioning the aforesaid facts. The Court then sought a report from Semara Police Station with regard to the allegations as made in the complaint. Petitioner found that neither first information report was being registered nor the police was responding to the queries by the Court, as such, he approached this Court. Further, in the counter affidavit of the State, it is stated that in Oct., 2005 itself, the Semara Police Station had reverted to the Court stating that it had not received the Fard-e-bayan as yet.
(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.