MASIH UDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the instant writ petition, the petitioner prays for constituting an enquiry into the issuance of letter dated 3.2.2007 vide memo no. 561 passed by the Superintendent of Police, Nawadah and letter dated 20.3.2007 vide memo No. 1270 issued by the Dy. Superintendent of Police (Head quarter), Nawadah whereby baseless non-existent allegations/charges have been made against the petitioner.

(2.) Learned counsel for the petitioner submits that the petitioner is an Advocate and is a social activist and highlighting the atrocities perpetuated on the weaker section of the society. He submits that respondent No.9 by the impugned letter dated 20.3.2007 has referred to nine cases against his record. He further asserts that the petitioner has been discharged in Narhat P.S. Case No.40/88 dated 27.6.1988, Narhat P.S. Case No.41/88 dated 28.8.88 and Narhat P.S. Case No. 65/89 dated 8.11.89. He submits that the police after investigation has submitted final form in his favour in Narhat P.S. Case No. 101/2001 dated 16.12.2001 and Narhat P.S. Case No. 73/2003 dated 26.9.2003. He further submits that the cases mentioned at SI. Nos. 3, 7 and 8 i.e. in Narhat P.S. Case No. 63/87, Memo No. 1921 dated 11.10.87 and Narhat P.S. Case No.1/87 respectively there is factually no evidence against him. He, however, submits that the case mentioned at SI. No.9 i.e Akbarpur P.S. Case No. 123/2006 dated 11.11.2006 is pending investigation.

(3.) Learned counsel submits that the aforesaid letter prejudice the petitioner as the same may be utilized against him in view of Rule 357 (b) read with Rule 366-A of the Bihar Police Manual.