IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.644 of 2010 SAHDEO MANDAL, S/O LATE VISHWANATH MANDAL, RESIDENT OF MOHALLA – NASRAT KHANI, P.S. NATHNAGAR (LALMATIA), DISTRICT – BHAGALPUR. ……… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE JOINT SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR GENERAL OF POLICE, PATNA. 3. THE SUPERINTENDENT OF AFTER CARE HOME, BHAGALPUR. 4. THE OFFICER INCHARGE, NATHNAGAR (LALMATIA) POLICE STATION, BHAGALPUR. 5. THE OFFICER-IN-CHARGE, SACHIWALAYA POLICE STATION, PATNA. …………. RESPONDENTS. ----------- 04/ 02.08.2010 Heard counsel for the petitioner and counsel appearing for the State. Counter affidavit has been filed on behalf of Officer-in-charge, Sachiwalya Police Station, Patna (Respondent No. 5). Counsel appearing for the State informs that as per the direction of this Court Officer-in- charge of Sachiwalaya Police Station was present on 26.7.2010 at 10.15 a.m. since the Bench was not available, he recorded his appearance before the Registrar. This application has been filed on behalf of father of Manoj Kumar Singh @ Manoj Mandal for a direction to the respondent-authorities of After Care Home, Bhagalpur to release his son, who is being detained in connection with Sachiwalaya P.S. Case No. 02 of 2010, despite a release order dated 02.06.2010 passed in Criminal Appeal No. 51 of - 2 - 2010 by the Ist Additional Sessions Judge, Bhagalpur declaring the son of petitioner, namely, Manoj Kumar Singh @ Manoj Mandal as juvenile and issuing direction for his release. The facts of the case as revealed in the writ application is that on 11.1.2010 at about 10.45 p.m. the Hon’ble Minister Sri Aswini Kumar Choubey got a threatening call to kill him on his Mobile Phone No. 9431018770 from Mobile Phone No. 9525075766. This was intimated by the Minister to the D.G.P., Patna and other higher officials of Patna, District Magistrate and S.P. of Bhagalpur. On the basis of this information Nathnagar (Lalmatia) P.S. Case No. 9 of 2010 was instituted by the Officer-in-charge of Lalmatia Out post on 13.1.2010 on the basis of the written report of Nijamuddin Khan, S.I., Lalmatia O.P., Nathnagar, Bhagalpur. It seems that prior to that on 12.1.2010 on the basis of written report of one Rajiv Pandey, Private Secretary to the Hon’ble Minister a case had already been instituted as Sachiwalaya P.S. Case No. 02 of 2010 on similar allegation against unknown. In this written report also the incident for which a case was - 3 - instituted related to threatening calls received on the mobile phone of Hon’ble Minister as well as his Private Secretary. The accused Manoj Kumar Singh @ Manoj Mandal was taken into custody in connection with Nathnagar (Lalmatia) P.S. Case No. 09 of 2010. There he filed an application for conducting an enquiry to decide his juvenility. He claimed to be juvenile his date of birth being in the year, 1992. The enquiry was conducted as provided under Section 14 of the Juvenile Justice Act and vide order dated 25.2.2010 the Juvenile Justice Board rejected the claim of Manoj Kumar Singh @ Manoj Mandal to be a juvenile. Against this order an appeal was preferred vide Criminal Appeal No. 51 of 2010 and the same was allowed by Ist Additional Sessions Judge, Bhagalpur by order dated 2.6.2010. Manoj Kumar Singh @ Manoj Mandal was found to be a juvenile and he was allowed to be released on bail as his father has given undertaking as per the requirement under the Act. It seems that an application was filed before the Chief Judicial Magistrate, Patna on 16.1.2010 for remand of Manoj Kumar Singh @ Manoj Mandal in connection with Sachiwalaya P.S. Case No. 02 of 2010 and the Chief - 4 - Judicial Magistrate, Patna without considering the requirement of law in this regard by order dated 16.1.2010 directed for remand of Manoj Kumar Singh @ Manoj Mandal in Sachiwalaya P.S. Case No. 02 of 2010 even without his production before him. On account of the order passed by the Chief Judicial Magistrate, Patna, the son of the petitioner was not released despite the order passed by the Ist Additional Sessions Judge, Bhagalpur in Criminal Appeal No. 51 of 2010. Manoj Kumar Singh @ Manoj Mandal was detained and sent to Remand Home, where he is continuing till date. The petitioner, father of Manoj Kumar Singh @ Manoj Mandal has prayed for a direction to release his son in compliance of the order passed in the Criminal Appeal No. 51 of 2010 and for holding the detention of his son in connection with Sachiwalaya P.S. Case No. 02 of 2010 as illegal. In the counter affidavit filed on behalf of Respondent No. 5 in para 11 it is stated that since the son of the petitioner was granted bail in Nathnagar (Lalmatia) P.S. Case No. 09 of 2010 and not in Sachiwalaya P.S. Case No. - 5 - 02 of 2010, the Chief Judicial Magistrate, Patna sent production warrant to Bhagalpur Jail and the son of petitioner remanded instead of being released. The essence of this statement is that by remanding the son of the petitioner, no illegality has been committed by the respondents, even if by a judicial order he has been directed to be released by a court of competent jurisdiction. It is apparent from the facts of the case that incident which is complained of had taken place at Bhagalpur and its consequence also ensued at Bhagalpur. Nathnagar (Lalmatia) P.S. Case No. 09 of 2010 was instituted at Bhagalpur, since the place of occurrence was within the jurisdiction of Nathnagar Police Station and as provided under Section 154 of the Cr.P.C. it should have been instituted there only. The consequence of the act has also ensued at Bhagalpur and only the matter could have been inquired at Bhagalpur and the court at Bhagalpur had jurisdiction to try it. Section 179 of the Cr.P.C. provides that when the act consists of its’ consequence, the offence may be inquired into and tried by a Court within whose local jurisdiction such consequence has ensued. In this case, - 6 - admittedly the offence as well as its consequences relates to the jurisdiction of Nathnagar Police Station and the court at Bhagalpur to try it. So far Sachiwalaya P.S. Case No. 02 of 2010 and the remand of the son of the petitioner in this case is concerned, it is completely in violation of Section 167(b) of the Cr.P.C. Section 167(b) provides that no Magistrate shall authorize detention in any custody unless the accused is produced before him. Admittedly the son of the petitioner was never produced before the Chief Judicial Magistrate, Patna in connection with Sachiwalaya P.S. Case No. 02 of 2010. In this circumstance, he could not have been legally remanded by the Chief Judicial Magistrate, Patna to the Remand Home. Confinement of Manoj Kumar Singh @ Manoj Mandal in connection with Sachiwalaya P.S. Case No. 02 of 2010 is completely illegal and without jurisdiction, as such it should be quashed. We are of this view that institution of FIR for same allegation at two places for which already a case has been instituted at Nathnagar Police Station, is illegal and without jurisdiction. - 7 - Accordingly, F.I.R. of Sachiwalaya P.S. Case No. 02 of 2010 and the remand order passed by Chief Judicial Magistrate, Patna dated 16.1.2010 are quashed. The respondent-authorities of the Remand Home, Bhagalpur are directed to release the son of the petitioner, namely, Manoj Kumar Singh @ Manoj Mandal forthwith in terms of order passed by the Ist Additional Sessions Judge, Bhagalpur in Criminal Appeal No. 51 of 2010. This application is allowed. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)