DIWAKANT CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application under Article 226 of the Constitution of INdia, the petitioner has prayed for a direction to respondent Nos. 2 to 6 to institute a case under the appropriate Sections of the INdian Penal Code on the basis of the complaint petition filed by the complainant, a copy of which is made Annexure-2 to this writ application. The petitioner filed a complaint petition before the Subdivisional Judicial Magistrate, Dalsingsarai, at Samastipur, who has directed the officer-in-charge of Dalsingsarai police station to institute a case. The respondent No. 6 the officer- in-charge, Dalsingsarai police station, has submitted a report to the learned Magistrate stating therein that the case has been amalgamated with the case filed by the police officer which was registered as Dalsingsarai P.S. Case No. 57/96 on the basis of the statement made by the accused persons named in the complaint petition. The petitioner, as stated above, filed a complaint petition before the learned Magistrate mentioning the names of the accused persons in an offence punishable under Section 302 of the INdia Penal Code. It is unknown to law that a police officer has amalgamated the case filed by the police officer on the basis of the statements made by the accused themselves with the case filed by the prosecution, namely, the informant. As stated above, inspite of order the of the learned Sub- divisional Judicial Magistrate, the police has not instituted the case on the basis of the complaint petition filed by the petitioner. Having regard to the facts and circumstances of the case, learned counsel for the petitioner apprehends that the petitioner will not get justice at the hands of the respondents Police officers/authorities, particularly, when the order of the learned Magistrate directing the officer-in-charge,, Dalsingsarai Police Station to register the case against the accused persons named in the complaint petition has not been complied with. At this stage, this Court is not in a position to express any opinion on the alleged apprehension of the learned counsel for the petitioner. However, in the peculiar facts and circumstances of the case, it appears necessary that a separate case must be instituted on the avements made in the complaint petition filed by the petitioner mentioning the names of the accused persons and also the direction having been issued by the learned Magistrate to the officer-in-charge of the Dalsingsarai police station to institute a case under the appropriate provisions of the INdian Penal Code. Accordingly, I direct the Officer-in- charge, Dalsingsarai police station, to register a separate case on the basis of the complaint petition filed by the petitioner against the accused persons mentioned therein for the offences punishable under appropriate Sections of the INdian Penal Code. Since there is an allegation against the local police, the Superintendent of Police Samastipur, shall himself supervise the case and under his care and vigil, the final report should Be submitted. This writ application is, accordingly, disposed of. Order Accordingly.