IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1092 of 2010 SHAMBHU PRASAD @ SHAMBHU LAL, SON OF SRI GAYA LAL, RESIDENT OF VILLAGE – LAUND, P.S. SIRDALA, DISTRICT- NAWADA, CONVENOR OF BHRASTACHAR MUKTI MORCHA, SIRDALA, DISTRICT – NAWADA. …….. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. INSPECTOR GENERAL OF POLICE (POLICE HEADQUARTER), BIHAR, PATNA. 4. DEPUTY INSPECTOR GENERAL OF POLICE, MAGADH DIVISION, GAYA. 5. SUPERINTENDENT OF POLICE, NAWADA, SRI VINOD KUMAR. 6. DEPUTY SUPERINTENDENT OF POLICE, RAJAULI, SRI AJAY KUMAR. 7. OFFICER-IN-CHARGE, SIRDALA, S.K. MANJHI. 8. ASSISTANT SUB-INSPECTOR OF POLICE, RAJAULI, SUMESHWAR LAKRA. 9. INSPECTOR OF POLICE, RAJAULI, SACHCHIDANAND PANDEY. 10. SUB-INSPECTOR OF POLICE, RAJAULI, GAJADHAR YADAV. 11. MAMTA DEVI, WIFE OF LATE BALIRAM PASWAN, RESIDENT OF VILLAGE – RAJAULI, P.S. RAJAULI, DISTRICT – NAWADAH, AGED ABOUT 19 YEARS. 12. MAMTA DEVI @ MINA DEVI, WIFE OF LATE BALIRAM PASWAN @ CHAMARI PASWAN, RESIDENT OF VILLAGE – KUMBHRUA, P.S. RAJAULI, DISTRICT – NAWADA, AGED ABOUT 42 YEARS. 13. SUJJU SINGH, SON OF LATE RAMAWATAR SINGH, RESIDENT OF VILLAGE – BABHANTOLI, P.S. RAJAULI, DISTRICT – NAWADA. …….. RESPONDENTS. ----------- 03/ 26.10.2010 Several prayers have been made by the petitioner in one writ application. The first prayer is for issuance of writ of habeas corpus and to release him from the illegal confinement. The second prayer is for a direction to the I.G. (Police) Bihar to take proper action against the concerned police officers for their corrupt, inhuman and illegal acts, while arresting the petitioner in connection with Rajauli P.S. Case No. 86 of 2008. This prayer has been made by the 2 petitioner in the light of his representation dated 22.9.2008 to the Inspector General of Police, Bihar, Patna. On perusal of the statement made in the Criminal Writ Application and different documents annexed with it, it transpires that a series of Writ Applications/Criminal Revision Applications have been filed by this petitioner for similar relief. By different orders the Writ Applications/Criminal Revision Applications filed by the petitioner have been disposed of. So far first prayer of the petitioner regarding issuance of writ of habeas corpus is concerned, it is not maintainable, considering the fact that he was arrested in execution of the warrant issued against him in connection with Rajauli P.S. Case No. 86 of 2008. After his arrest, petitioner was produced before the concerned court and thereafter he was remanded to judicial custody and since then he is in judicial custody. Time to time he is being produced before the court. Cognizance has been taken in this case and charge has also been framed. Now the matter is pending before the competent trial court for its final disposal. So far second prayer of the petitioner is concerned, 3 that also has no merit. The representation filed by the petitioner to the Inspector General of Police discloses that when petitioner was arrested from the eastern gate of Patna High Court he was ill-treated, assaulted and even manhandled by the police officials. The law relating in this regard is quite clear that in case of any misbehaviour or manhandling, the accused when produced before the concerned court, has to report it immediately before the Judicial Officer. The petitioner was produced on 20.9.2008 before the C.J.M., Nawada. On that date he did not report by making any complaint. Subsequently he filed an application, while moving his application for bail, from jail. In his bail application, he made allegations regarding misbehaviour by the police personnel at the time of his arrest. It was taken as a defence and this was the reason that the concerned court did not take any cognizance of this fact while considering his application for bail. So far representation of the petitioner to Inspector General of Police is concerned, it has already been sent by the concerned court to the Inspector General of Police, Bihar, and that has to be disposed of by him. None of the prayer made by the petitioner has any 4 merit, as such rejected. However, Officer-in-charge of Rajauli Police Station as well as Superintendent of Police, Nawada are directed to take proper action for production of the witnesses before the trial court where the trial of Rajauli P.S. Case No. 86 of 2008 is being conducted. The petitioner is in custody since 2008 and as such expeditious trial is required. The trial court will also take proper action for production of the witnesses and expeditious disposal of the case. This application is dismissed. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)