IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.610 of 2007 SHYAM BIHARI PASWAN Versus STATE OF BIHAR ----------- 4 9.9.2008 Heard learned counsel for the petitioner and the State. In the instant writ petition the petitioner seeks a direction to the respondent authorities to institute a case on the basis of letter written by him on 29.12.2006 which was communicated to the court court concerned vide memo no.4619 dated 31.12.2006 of the Superintendent of Jail, Buxar. Learned counsel for the petitioner submits that the petitioner was brutally assaulted while he was remanded in Rajapur P.S.Case No.147 of 2006 under sections 364A and 120B/34 of the Penal Code by respondents 6 to 8 namely Binod Chaudhary, S.D.P.O., Buxar, K.D.Singh, Officer-Incharge, Rajpur Police Station, Buxar and Jitendra Kuamr, Officer Incharge, Simri P.S., Buxar respectively and others. The Jail Doctor on examination of the petitioner also found that he has sustained grievous injuries on his person. As the petitioner continued to remain in custody, he sent a complaint in this regard to the Chief Judicial Magistrate, Buxar through the Superintendent of Central Jail, Buxar as contained in Annexure-3, with reminder dated 3.2.2007, as contained in Annexure- 4 but nothing has been done as yet. Learned counsel further submits that every citizen including the prisoner or convict has a right to make a complaint to a Magistrate in respect of any offence committed against him. The petitioner has - 2 - KHAN filed such complaint to the learned Chief Judicial Magistrate, Buxar dated 29.12.2006, as contained in Annexure-3. Having considered the facts and circumstances of the case, the learned Magistrate is directed to have the complaint registered. The learned Magistrate would examine the complainant on oath as and when he is produced before him from the jail custody. The petitioner would also take steps at his own, to have examined himself on Solemn Affirmation and to have the witness examined in course of hearing as provided under Chapter XV of the Code. With the aforesaid observations, this writ petition stands disposed of. Let this order be communicated through fax at the cost of the petitioner. (S.P.Singh,J)