IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 13956 of 2009 1. DEV JYOTI S/O LATE AMITABH CHATTERJEE R/O DHIRAJ COMMERCIAL COMPLEX, BORING ROAD, P S SHRIKRISHNAPURI, TOWN & DISTT PATNA Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE BIHAR, OLD SECRETARIAT, PATNA 3. DISTRICT MAGISTRATE PATNA 4. DY INSPECTOR GENERAL OF POLICE PATNA 5. SR SUPERINTENDENT OF POLICE PATNA 6. DEPUTY SUPERINTENDENT OF POLICE SACHIWALAYA, PATNA ----------- 2 04.11.2009 It appears that considering the threat perception in respect of the petitioner, petitioner was provided personal security by the State. That having been withdrawn, petitioner has come to this Court for protection of his life and liberty. Learned counsel for the State points out that the security cover provided to him was misused/abused by the petitioner inasmuch as petitioner was involved in a criminal case in which he has been chargesheeted. Shri Ganesh Prasad Singh, learned Senior Counsel for the petitioner submits that in fact petitioner has not been chargesheeted. That apart, the case has been compromised as between the parties. Lastly, it was pointed out that as per the prosecution itself, people had come to petitioner’s restaurant and with regard to payment there being a dispute, both sides filed first information report. It is not a case where petitioner, with his security, did something outside his own premises. In my view, these facts require consideration in proper perspective by the authorities in question. Protection is granted where there is threat perception. The order withdrawing security does not even refer to 2 the said issue. It only refers to the petitioner being chargesheeted in a case. That, in my view, is not a proper consideration. Merely being chargesheeted does not mean that he has abused the security as provided to him. In that view of the matter, I direct the petitioner to make a representation to the Senior Superintendent of Police (respondent No 5) for a fresh consideration in accordance with the directions given above. The Senior Superintendent of Police would place the matter before the District Level Protection Committee (Zila Astariye Suraksha Samiti) and ensure that the said Committee meets, deliberates and takes a decision in the matter within a period of 4 weeks in accordance with the directions given aforesaid and the decision shall be communicated to the petitioner forthwith. With these observations and directions, this writ application stands disposed of. M.E.H./ (Navaniti Prasad Singh)