LAWS(PAT)-2009-8-1

UMA KANT SINGH Vs. STATE OF BIHAR

Decided On August 26, 2009
UMA KANT SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS application has been filed for a direction to the respondents, Senior Police Officials of the State of Bihar at Patna as well as the Officer -in -charge of Shastri Nagar Police Station for instituting an F.I.R. on the basis of his written report, disclosing cognizable offence.

(2.) PETITIONER is a practicing Advocate of Patna High Court. His grievance is that his written statement, disclosing commission of cognizable offence was not accepted by the Officer -in -charge of Shastri Nagar Police Station for instituting an F.I.R., simply a Sanha entry made on the basis of his written statement and instead of investigating the case, the matter was closed then and there.

(3.) COUNSEL for the petitioner submits that petitioner being a citizen of India has got fundamental right to get protection under the law and benefit of such remedy which are available for safety and security of one&aposs life. Inaction of the Officer -in -charge of Shastri Nagar Police Station has infringed his right of protection under the law as available under the Constitution. By not instituting the F.I.R., the Officer -in -charge has delayed investigation of a cognizable offence and also given protection to the accused persons.