IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. WJC No.880 of 2009
BABLU KUMAR S/O JAGAT NARAYAN YADAV, R/M-
PRITHIVIPUR, CHIRAINYATAR, P.S.- JAKKANPUR,
DISTT- PATNA.
Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF
SECRETARY, GOVERNMENT OF BIHAR, PATNA.
2. THE DIRECTOR GENERAL OF POLICE, PATNA.
3. THE SENIOR SUPERINTENDENT OF POLICE, PATNA.
4. THE CITY SUPERINTENDENT OF POLICE, PATNA.
5. THE OFFICER-IN-CHARGE OF GANDHI MAIDAN POLICE
STATION, PATNA.
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2 18.01.2011 Heard learned counsel for the petitioner
and the State.
A supplementary affidavit has been filed.
The grievance of the petitioner is that on
account of institution of Gandhi Maidan P.S. Case No. 108
of 2009 against the accused persons for the offences under
Sections 406, 467, 468, 471 and 120B of the Indian Penal
Code. The accused persons of the said case continuously
giving the threats with dire consequences to the petitioner
including the kidnapping. However, the police, even after
receiving such offence which discloses commission of
cognizable offence the case is not being registered and the
petitioner is getting continuous threats to withdraw the
aforesaid police case. However, learned counsel submits
that on account of the aforesaid inaction/refusal by the
police to register the case, petitioner has not filed any
complaint in the Court of Chief Judicial Magistrate, Patna.
Learned counsel appearing on behalf of the
State submits that considering the submissions of the
parties it appears that in case the information of the
petitioner given to the police in a cognizable offence and
police refuses to register the case it will be open for the
petitioner either to approach the concerned
Superintendent of Police, Patna or to file a regular
complaint before the Court of Chief Judicial Magistrate
and as such in the present writ application, I am not
inclined to interfere with the matter.
The writ application stands disposed of.
Amrendra/- (Shailesh Kumar Sinha,J.)