IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1085 of 2008 BINDU DEVI WIFE OF SUKU PASWAN, RESIDENT OF MOHALLA NAND NAGAR COLONY, POLICE STATION ALAMGANJ, DISTRICT- PATNA, DAUGHTER OF NAGINA PASWAN, RESIDENT OF MOHALLA PEER DAMARIA, DISTRICT PATNA. . . . . . . PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, (HOME POLICE) DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE INSPECTOR GENERAL OF POLICE, PATNA ZONE, NORTH GANDHI MAIDAN, PATNA. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, NORTH GANDHI MAIDAN, PATNA. 5. THE SENIOR SUPERINTENDENT OF POLICE, PATNA NORTH GANDHI MAIDAN, PATNA. 6. THE CITY SUPERINTENDENT OF POLICE, NORTH GANDHI MAIDAN, PATNA. 7. THE SUB-DIVISIONAL POLICE OFFICER, PATNA CITY. 8. THE INSPECTOR CUM OFFICER-IN-CHARGE, ALAMGANJ POLICE STATION, PATNA. 9. THE INSPECTOR CUM OFFICER-IN-CHARGE, MALSALAMI POLICE STATION, PATNA. . . . . RESPONDENT 1ST SET. 10. MR. KUNDAN KRISHNAN, THE THEN SENIOR SUPERINTENDENT OF POLICE, PATNA AT PRESENT WORKING AS SUPERINTENDENT OF POLICE, BHAGALPUR. 11. MR. WIKAS WAIBHAW, THE THEN CITY SUPERINTENDENT OF POLICE, PATNA AT PRESENT WORKING AS SUPERINTENDENT OF POLICE, BAGHA. 12. MR. NILESH KUMAR, THE THEN SUB-DIVISIONAL POLICE OFFICER, PATNA CITY, AT PRESENT WORKING AS DEPUTY SUPERINTENDENT OF POLICE (ADMINISTRATION), UNDER ZONAL INSPECTOR GENERAL OF POLICE, PATNA ZONE, NORTH GANDHI MAIDAN PATNA. 13. MR. RAMASHANKAR RAI, THE THEN SUB-DIVISIONAL POLICE OFFICER, PATNA CITY, AT PRESENT WORKING AS DEPUTY SUPERINTENDENT OF POLICE, S.T.F., EKTA BHAWAN, PATNA. 14. MR. RAM KRISHNA GUPTA, THE THEN INSPECTOR CUM OFFICER INCHARGE ALAMGANJ PATNA AT PRESENT WORKING AS OFFICER-IN-CHARGE, TOWN P.S. AURANGABAD. 15. MR. AWDHESH KUMAR, THE THEN INSPECTOR CUM OFFICER-IN- CHARGE OF MALSALAMI POLICE STATION, PATNA AT PRESENT THROUGH D.G. CUM I.G. OF POLICE, PATNA. 16. MR. SUNIL KUMAR, CRIME READER TO THE SENIOR SUPERINTENDENT OF POLICE, PATNA AT PRESENT UNDER TRAINING AT POLICE TRAINING COLLEGE, NATH NAGAR BHAGALPUR. . . . . RESPONDENT 2ND SET. ----------- 2 4/ 03.09.2010 Heard learned counsel for the parties. The petitioner prays for investigation / enquiry into the incident in which she and her husband were grievously injured in firing allegedly open by respondent no.14, Ram Krishna Gupta, Inspector of police-cum-Officer-in-charge, Alamganj Police station, Patna without any cause. The petitioner submits that in the night of 09/10.01.2006, both she and her husband namely Sukhu Paswan were sleeping in her maternal home. The petitioner alleged that respondent nos.14 and 16 forcibly entered into the house and began to misbehave with her and others. When she protested, the accused persons including respondent no.14 abused and opened fire injuring her and her husband. The petitioner at the relevant time was seven months pregnant. The respondent no.14 in order to hide his misdeeds, lodged a false case bearing Malsalami P.S. case no. 07 of 2006 under Sections 307 and other sections of the Indian Penal Code. Learned counsel submits that in the aforesaid case, respondent no.14 stated that he got confidential information that Sukhu Paswan, husband of the petitioner, a veteran criminal, was sleeping in the house of his father-in-law along with other criminals. Thus, in order to arrest the husband of the petitioner, the informant along with other police officials raided the house of her father. The informant alleged that instead of surrendering, both petitioner and her husband opened fire at the police party. As self- 3 defence, they also opened fire. Learned counsel submits that firing stands admitted in the First Information Report. The First Information Report states that blood was also found at the place of occurrence. The petitioner submits that respondent no.14 suppressed the fact that on account of fire opened by him, she and her husband sustained gun shot injury. Furthermore, not only her husband but she has also been alleged of opening fire. Besides this, she has also been made an accused and put in jail custody, though she was injured and carrying 7 months pregnancy. Petitioner has produced copies of injury reports sustained by her and her husband. The petitioner has made various complaints to Senior Superintendent of Police, Patna, one such complaint is annexed as Annexure-8 to this petition, which seems to be received on 26.07.2006. Counsel for the State submits that petitioner’s husband was a veteran criminal and wanted in various cases. The police had come to arrest the husband of the petitioner in Alamganj P.S. case no. 353 of 2005. The petitioner submits that her husband was not named in the aforesaid case and was also acquitted. Heard the counsel for the parties. Prosecution has alleged that Sukhu Paswan and this petitioner also opened fire upon the police party. She was arrested and sent to jail. The petitioner has filed complaint before the Senior Superintendent of Police, Patna of false implication and of being fired upon without 4 any basis in a blatant disregard of all norms. In the facts of the case, I deem it expedient that Senior Superintendent of Police, Patna will examine the complaint and enquire into the matter. It will be open for the petitioner to file a fresh representation annexing the copy of the earlier complaint made to the Senior Superintendent of Police, Patna, as contained in Annexure-8 along with the copy of this order. The learned Sr. Superintendent of Police, Patna will examine the complaint and take appropriate action, if he deems fit and take a decision preferably within a period of four months from the date of receipt of the same. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)