Prabhunath Singh vs The State Of Bihar
2023 Latest Caselaw 1092 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Criminal Writ Jurisdiction Case No.339 of 2020
      Arising Out of PS. Case No.-356 Year-2013 Thana- SASARAM NAGAR District- Rohtas
     ======================================================

Prabhunath Singh Son of Late Laxman Singh, Resident of Takiya, P.S.- Sasaram Model, Sasaram, District-Rohtas.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The Department of Home, Govt. of Bihar, through the Principal Secretary.

3. The Principal Secretary, the Department of Home, Govt. of Bihar.

4. The Director General of Police, Bihar.

5. The Superintendent of Police, Rohtas.

6. The Office-in-Charge, Sasaram Model Town, Rohtas.

7. The Office-in-charge, SC/ST, P.S. Dehri-on-Sone, Rohtas.

8. Rajesh Prasad Son of Late Rajvansh Prasad Resident of Yusufchak Takiya, P.S.-Sasaram Model, Ward no.1, District-Rohtas.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :        Mr. Alok, Adv.
     For the Respondent/s   :        Mr. Suman Kumar Jha, AC to AAG-3.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 21-03-2023

Heard learned counsel for the petitioner and

learned counsel for the State.

The present Cr. Writ Petition has been filed by the

petitioner seeking direction to the respondent to conduct

investigation through C.B.I. in all seven F.I.Rs. lodged against

him by the different members of the same family (husband, wife

and mother) particularly when in a land dispute, a title suit was

decided in favour of petitioner.

Patna High Court CR. WJC No.339 of 2020 dt.21-03-2023

Learned counsel for the petitioner submits that

there are in total seven criminal cases filed by the one and same

family with a view to harass the petitioner. He further submits

that a Title Suit No. 511 of 2004 (Mahendra Singh & Others

Versus Rajkamal Paswan & Others) have been decided on

27.02.2016 and upon losing the suit when the petitioner started

taking action for implementation of the order passed in the title

suit, seven cases were filed in the year 2018 & 2019 by the

respondents family, therefore, the petitioner seeks investigation

through C.B.I.

Learned counsel for the State submits that for

handing over the investigation to C.B.I., there must be the

specific situation. In the present case those situations are not

attracted.

Learned counsel for the petitioner submits that if

C.B.I. shall not investigate these cases, then any independent

agency may investigate in these matters, so that justice be made

with the petitioner and he may be saved from unnecessary

harassment.

For conducting the investigation through C.B.I.

there is a decision of this Court in the matter of Sanjay Tiwary

Versus The State of Bihar and Others passed in Cr.W.J.C. No. Patna High Court CR. WJC No.339 of 2020 dt.21-03-2023

478 of 2019 decided on 07.03.2019 which is also reported in

PLJR 2019 (2) 91. According to which handing over the

investigation to another agency like C.B.I. in exercise of powers

conferred under Article 226 of the Constitution of India is to be

exercised by the Court sparingly, cautiously and in exceptional

situations as mentioned in paragraph no.9 of the said judgment

based on the judgment of State of West Bengal Versus

Committee for Protection of Democratic Rights [(2010) 3 SCC

571].

I am not inclined to grant the relief to the petitioner

for investigation of his cases through C.B.I., but liberty is

granted to the petitioner that he shall represent himself before

the Superintendent of Police, Rohtas at Sasaram raising all his

grievances under which the judgment debtors and their family

are filing several criminal cases against him within four weeks

from the date of passing of this order, and the concerned

Superintendent of Police shall setup a team to look into this

matter and take decision on the basis of the report of said team

whose members shall be independent from the persons relating

to those seven criminal cases. Upon receiving the report, the

Superintendent of Police, Rohtas at Sasaram shall take

necessary steps within six weeks.

Patna High Court CR. WJC No.339 of 2020 dt.21-03-2023

With these observations, the present Cr. Writ

Petition stands disposed off.

(Dr. Anshuman, J.) ritik/-

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