VIMAL KISHORE PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed by the petitioner for directing the respondents to lodge first information report (for short 'FIR') against respondent no. 6 in view of the complaint made by the petitioner on 02.012.2015 in Janta Darbar of Superintendent of Police, Aurangabad.

(2.) Learned counsel for the petitioner submitted that on 02.12.2015, an application was submitted at the time of Janta Darbar of Superintendent of Police, Aurangabad stating therein that the petitioner Vimal Kishore Pandey is neighbour of Vinod Mishra who was posted at Aurangabad and commonly resides at his residence on Saturdays and Sundays and those days, he used to abuse the petitioner's family member including his old father and brother Chintu Pandey. He submitted that Vinod Mishra threatens that he is an employee of police department so he has connections all over the police and court. On 16.11.2015, when the brother of the petitioner, who works at Delhi was present at the house, Vinod Mishra again started abusing him, which was protested by his brother whereafter he started assaulting him with fist and slaps causing certain injuries. As a result, the petitioner had to admit his brother in Obra Hospital and the information about the instance was also provided to the police station, but no action was taken against Vinod Mishra. He contended that despite the written representation made to the Superintendent of Police, the FIR has not been registered.

(3.) Learned counsel for the State submitted that the petitioner did not take any steps under Sections 154 (1) and 154(3) of the Code of Criminal Procedure (for short 'CrPC') for registration of the FIR. Furthermore, he has statutory remedy available for the redressal of his grievance.