IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.508 of 2011 Santosh Kumar Jha, S/o. Sri Bhagwan Lal Jha, r/o. Village- Sangi, P.S. Phulparas, District- Madhubani. Versus 1. The State Of Bihar through Director General of Police, Patna. 2. The Director General, Vigilance (Cabinet), 6 Circular Road, Patna. 3. The Deputy Inspector General, Vigilance (Cabinet), Circular Road, Patna. 4. The Senior Superintendent of Police, Patna. 5. The Superintendent of Police, Vigilance (Cabinet) Circular Road, Patna. 6. The Senior Deputy Superintendent of Police, Vigilance Investigation Bureau, Patna. ----------- 03. 15.09.2011 The petitioner/accused while under custody in connection with Special Case No. 11 of 2005 was given some sort of protection/escort, during the course of production on account of some confidential information received by the police administration and that happens to be visible from Annexure-1. Subsequently, the petitioner has been released on bail. After going out from jail he has filed petition before the Special Judge Vigilance-I, Patna in connection with Special Case No. 11 of 2005 for providing him escort whereupon after hearing the matter vide order dated 28.12.2006 the learned lower-court passed the order. Operative portion is in following manner: “In the circumstances placed, send the copy of this order to the S.S.P., Patna and D.I.G. Vigilance 2 for necessary steps if required. Petitioner to file copies of the petition if required after verification of facts stated therein.” Now the petitioner has approached this Court instead of the parent Court with the following relief. “For a direction to the respondent authorities to provide security to the petitioner in view of the report of the State itself, which had provided security to the petitioner while in custody upon reliable information regarding threat to the life of the petitioner and for any other relief or reliefs for which petitioner is found entitled to in the facts and circumstances of the case.” Five years have passed having the order dated 28.12.2006 without any recurrence of any untoward incident. The petitioner also did not raise his grievance before the learned lower-court during intervening period. Once a plea has been raised before the learned lower-court and learned lower-court has taken the issue and passed order acknowledging the same, then in that event it will be appropriate to approach the court concerned instead of filing instant 3 petition invoking the writ jurisdiction of the Court because of the fact that from own conduct of the petitioner, the same is not justified. As such, I do not see it a fit case wherein the writ jurisdiction can be invoked and is accordingly dismissed. However, the petitioner will be at liberty to raise his plea before the learned court-below. Mkr. (Aditya Kumar Trivedi, J.)