POOJA GIRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Suraj Singh, learned counsel for the petitioner and Mr. P.C. Sinha, learned counsel for the respondent-State.

(2.) This petition has been filed for direction upon the respondents to register FIR on the complaint made by the petitioner.

(3.) Mr. Suraj Singh, learned counsel for the petitioner submits that the elder brother of the petitioner, namely, Uma Shankar Giri had lodged Chakradharpur P.S. Case No.131 of 2022 under Ss. 302 and 34 of the Indian Penal Code, Sec. 27 of the Arms Act and Ss. 3, 4 and 5 of the Explosive Substance Act regarding murder of one of the brother of the petitioner, namely, Kamal Dev Giri, on 14/11/2022 against unknown accused persons. He further submits that the petitioner and her family members along with residents of Chakradharpur prayed to the Investigating Authority for Narco Analysis Test of arrested accused persons and for that a representation was given to the Superintendent of Police, West Singhbhum at Chaibasa on 13/12/2022, which was duly received by Chakradharpur Police Station, contained in Annexure-1 of the petition. He submits that on 26/12/2022, a fresh representation was filed by the petitioner before the Deputy Commissioner, West Singhbhum at Chaibasa, which was also duly received by his office, contained in Annexure-2 of the petition. He further submits that the information regarding peaceful demonstration was given to the Deputy Commissioner, West Singhbhum at Chaibasa, Superintendent of Police, West Singhbhum at Chaibasa and Deputy Superintendent of Police, West Singhbhum at Chaibasa on 29/12/2022, which was duly received by their offices. On 29/12/2022, detailed information was given to the Deputy Commissioner, West Singhbhum at Chaibasa, which was duly received by his office. On 29/12/2022, the petitioner and her family members were sitting outside the office of the Deputy Commissioner, West Singhbhum at Chaibasa for peaceful demonstration. He submits that suddenly In-charge of Sadar Police Station, namely, Niranjan Tiwari came to the petitioner and her family members and started abusing them and had also brutally assaulted the petitioner and her brother namely Uma Shankar Giri and in connection to that, the petitioner gave written information to the Officer In-charge, Sadar Police Station, West Singhbhum at Chaibasa on 29/12/2022 at 07:45 p.m. regarding illegal act of the In-charge, Sadar Police Station, however, no FIR was registered by the said police station against the erring police official, contained in Annexure-5 of the petition. He also submits that on the given date, the petitioner was brutally assaulted by the In-charge, Sadar Police Station, West Singhbhum at Chaibasa and she was referred to the Sadar Hospital, Chaibasa, contained in Annexure-6 of the petition. The Chief Medical Officer, Sadar Hospital, Chaibasa, after examining the petitioner, has prepared a medical report dtd. 29/12/2022 and he has found eight different injuries on the body of the petitioner, contained in Annexure-7 of the petition. He submits that the petitioner has duly represented again to the Superintendent of Police, West Singhbhum at Chaibasa regarding abuse and assault being made by the said Niranjan Tiwari, In-charge, Sadar Police Station, Chaibasa, contained in Annexure-8 of the petition. He submits that in spite of the above facts where the allegations are there of brutal assault upon the petitioner and others and medical report contained in Annexure-7 of the Government medical officer is also there and the petitioner was examined pursuant to the reference made by the police itself, however, no FIR has been registered. He submits that this all has happened overlooking the judgment passed by the Hon'ble Supreme Court in Lalita Kumari v. Government of Uttar Pradesh and others, reported in (2014) 2 SCC 1.