Case Facts:
Patna High Court CR. WJC No.1295 of 2010 (6) dt.08-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.1295 of 2010 ====================================================== Lalita Devi, W/O Shri Shiv Narayan Mandal, R/O Vill- Dualakh, P.O.- Dualakh, P.S- Bheja (Madhepur), Distt- Madhubani. .... .... Petitioner Versus 1. The State of Bihar 2. The Inspector General of Police, Darbhanga Region, Darbhanga. 3. The Deputy Inspector General of Police, Darbhanga Region, Dharbhanga. 4. The Superintendent of Police, Madhubani. 5. The Deputy Superintendent of Police, Jhanjharpur, District-Madhubani. 6. The Officer-in-Charge, Bheja Police Station, District-Madhubani. 7. Bandelal Yadav, Son of Late Dana Lal Yadav, resident of village & P.O.- Dualakh, P.S.-Bheja (Madhepur), District-Madhubani. 8. Sant Lal Mandal, Son of Late Suraj Mandal, resident of Village & P.O.- Dualakh, P.S.-Bheja (madhepur), District-Madhubani. 9. Deo Narayan Mandal, Son of Satte Lal Mandal, resident of village & P.O.- Dualakh, P.S.-Bheja (madhepur), District-Madhubani. 10. Ramdeo Mandal, Son of Late Ganpati Mandal, resident of Village & P.O.-Dualakh, P.S.-Bheja (Madhepur), District-Madhubani. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 6 08-08-2012 The petitioner states that her husband earns his livelihood from agriculture. He has some agricultural land, mango orchard and bamboo orchard. Respondent nos. 7 to 10 are always creating trouble by taking law in their hands. On several occasions, they have cut the orchard of the petitioner forcibly and whenever their action, was protested. They took law in their hands, abused and assaulted the petitioner and her husband. In this regard several representations were made before the Officer-in- Charge, Bheja Police Station but despite that no action has been taken. He states that several representations were also given to the Patna High Court CR. WJC No.1295 of 2010 (6) dt.08-08-2012 supervising officer but, no F.I.R. has been instituted till date against the respondent nos. 7 to 10. Under such circumstances, the following prayers have been made in the present writ petition in paragraph no. 1:- (a) For directing the respondent authorities specially the respondent no. 6 to lodge a criminal case (F.I.R.) against the respondents no. 7 to 10 on the ground that the accused persons, the respondent no. 7 to 10 have been committing continuing offences by taking law in their own hands under the wide umbrella of respondent no. 4 to 6. (b) For directing the respondent authorities specially the Respondent no. 4 to direct the respondent no. 6, the Officer-in-Charge Bheja Police Station to take suitable action against the respondent no. 7 to 10 after lodging F.I.R. against the Respondent No. 7 to 10. (c) For directing the respondent authorities to provide proper security to the petitioner and her entire family from the illegal activities of Respondent No. 7 to 10. (d) For all consequential releifs to which the petitioner is found entitled in course of hearing of this writ application. A counter affidavit has been filed on behalf of the respondent-State. Patna High Court CR. WJC No.1295 of 2010 (6) dt.08-08-2012 Learned counsel appearing on behalf of the State submits that there is no truth behind the allegation made in the writ petition. It is stated that pursuant to the complaint dated 24.8.2010 filed by the petitioner an inquiry had been made and after through inquiry, a report was submitted on 30.1.2011. Even, much prior to the aforesaid petition dated 24.8.2010. The husband of the petitioner lodged Bheja P.S. Case No. 211 of 2003, dated 9.9.2003 under [STATUTE] against respondent no. 8 and others in which the then Police Officer of Bheja Police Station after investigating the case submitted final report as the case related to land dispute. It is also stated that non- F.I.R. No. 04 of 2011 was registered, on the basis of which, a proceeding under Section 107 of the Code of Criminal Procedure has been instituted. Learned counsel for the State further submits that an F.I.R. has already been instituted in April 2011 being Bheja P.S. Case No. 15 of 2011, dated 13.04.2011 under [STATUTE] against respondent no. 7 to 10 on the basis of a complaint made by the petitioner. In my view, the present writ petition is misconceived. In case, an information regarding commission of a cognizable offence is given to the Officer-in-Charge of a police station in Patna High Court CR. WJC No.1295 of 2010 (6) dt.08-08-2012 terms of Section 154(1) of the Code of Criminal Procedure (hereinafter referred to as “the Code”) and the Officer-in-Charge declines to register F.I.R., the person aggrieved may send the substance of such information, in writing and by post to the Superintendent of Police concerned in terms of Section 154(3) Cr. P.C. and in case, the Superintendent of Police also fails to take any action in that behalf, the aggrieved person may approach the superior officers of police in this regard under Section 36 of the Code. Despite all these steps, if the F.I.R. is not registered and investigation is not taken up, the person aggrieved can file a complaint under Section 190 read with Section 200 of the Code before the Magistrate concerned, who may either inquire into the complaint himself or direct the police to investigate the case in terms of Section 156 (3) of the Code. In Gangadhar Janardan Mhatre Vs. State of Maharashtra and Others since reported in (2004) 7 SCC 768, the Apex Court in paragraph 13 held as under:- “13. When the information is laid with the police, but no action in that behalf is taken, the complainant is given power under Section 190 read with Section 200 of the Code to lay the complaint before the Magistrate having jurisdiction to take cognizance of the offence and the Magistrate is required to inquire into the Patna High Court CR. W

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.