IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.187 of 2010 HAKIKAT RAI Versus STATE OF BIHAR & ORS with CR. WJC No.765 of 2009 RAJU KUMAR RAM Versus STATE OF BIHAR & ORS ----------- 5 15.7.2010 As both the writ applications arise of the same Police Station case, as such they have been heard together and are being disposed of by this common order. Cr.W.J.C.No.187 of 2010 By order dated 30.3.2010 a notice was issued to respondent no.5 namely Raju Kumar Ram, the informant of the instant case being Mufassil P.S. Case No.104 of 2009 dated 19.7.2009 for an offence under sections 302, 120(B)/34 of the Penal Code arising out of Complaint Case No.299(C) of 2009. This court further observed that no coercive steps would be taken against the petitioner Hakikat Rai during the pendency of this writ application. In pursuance of the notice, respondent no.5 entered appearance by filing Vakalatnama. The petitioner submits that even assuming the prosecution case to be true, the entire occurrence took place in Ludhiana within the territorial jurisdiction of Ludhiana Court. It would appear from the F.I.R. that the deceased Pradip Kumar was working as labourer in the Radha Ply Board, Ludhiana and 2 in course of discharge of his duty 20-30 pieces of Ply Board fell on his body as a result of which his back bone got fractured. It is alleged in the F.I.R. that he was taken to an ordinary hospital at Ludhiana where he did not get any proper treatment. The owner of the Ply Board factory in league with the concerned Doctor of the local hospital had tried to even kill him. On 14.3.2009 the Doctor forcibly discharged Pradip Kumar from the hospital though he had not at all recovered. Thereafter, the owner of the Ply Board factory sent him back to Buxar by his Indica Car. On the aforesaid fact, the complainant Raju Kumar Ram, who happens to be the sister’s son of the deceased, filed the instant complaint bearing no.299(C) of 2009 before the learned Chief Judicial Magistrate, Buxar who in turn referred the case to the police for investigation under section 156(3) of Cr.P.C. Learned counsel for the petitioner submits that it would appear from the prosecution case, no cause of action took place within the territorial jurisdiction of Buxar court. He also referred to Annexure-2 which is supervision report of the Superintendent of Police, Buxar dated 10.1.2010 wherein he too found that all occurrence took place within the premises of Ply Board Factory located in Ludhiana in the State of Punjab and as such he directed for filing an application before the Chief Judicial Magistrate, Buxar for transferring the case to Ludhiana. Cr.W.J.C.No.765 of 2009 By order dated 1.7.2010 this case was directed to be listed along with Cr.W.J.C.No.187 of 2010. 3 In the instant case the petitioner Raju Kumar Ram seeks a direction to the respondent authorities for proper investigation of the case being Buxar (Muffasil) P.S. Case No.104 of 2009. The facts of this case have been noticed in Cr.W.J.C.No.187 of 2010. In the instant case a counter affidavit has been filed on behalf of respondent no.6 wherein it has been stated that the Pradip Kumar Ram, who subsequently died during the course of treatment, was working as a casual labourer in the Plywood factory namely M/s Radha Packers, Unit-II, Dandari Kalan, Industrial Area-C, Sua Road, Ludhiana, Punjab. He was employed there through a labour contractor and his right leg was polio affected from his childhood. On 5.3.2009, while he was carrying plywood on his head, his leg slipped inside factory premises, as a result of which he suffered injuries on his waist and backbone. He was treated in Ludhiana till 14.3.2009 and thereafter informant brought him to Buxar for treatment at his own risk. The factory owner paid the bills of Nursing Home and handed over cash compensation of Rs.15,000/- and also provided a free transport. Learned State counsel submits that the police has taken steps for transfer of the case to Ludhiana, as all offence took place within the territorial jurisdiction of Ludhiana. However, the Chief Judicial Magistrate, Buxar by order dated 1.2.2010 rejected the application filed of the state for transferring the investigation of the instant case to Ludhiana. 4 KHAN Having considered the facts and circumstances of the case, this court is of the view that as the Chief Judicial Magistrate, Buxar has rejected the application for transfer of the investigation to Ludhiana, liberty is granted to the petitioner of Cr.W.J.C.No.187 of 2010 to challenge the same in accordance with law. With the aforesaid liberty, both these writ applications stand disposed of. (S.P.Singh,J)