Patna High Court
Alok Tiwari vs The State Of Bihar Through The Director ... on 7 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2048 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District- Buxar
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Alok Tiwari Son of Mahesh Tiwari Resident of Banarpur, P.S.- Buxar
(Muffasil), Distt.- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police, Bihar Bihar
2. Principal Secretary, Home Department, New Secretariat, Bailey Road, Patna
Bihar
3. Divisional Commissioner, Rohtash, District- Rohtash Bihar
4. The Senior Superintendent of Police, Buxar Bihar
5. District Magistrate, District- Buxar Bihar
6. Sub Divisional Officer, District- Buxar Bihar
7. Officer in Charge, P.S.- Buxar Muffasil, District- Buxar Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anurag Saurav, Advocate
Mr. Ankesh Bibhu, Advocate
Mr. Abhishek Kumar, Advocate
Mr. Prity Kumari, Advocate
Ms. Sharda Raje Singh, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, G.A.7
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
And
HONOURABLE MR. JUSTICE S. B. PD. SINGH
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)
Date : 07-02-2025
In the instant petition, the petitioner has
prayed for the following reliefs:-
" i) For Quashing of Order dated:
Patna High Court CR. WJC No.2048 of 2024 dt.07-02-2025
2/7
Dated: 12.08.2024 passed by Respondent
District Magistrate, Buxar under Section 3
of Bihar Code of Crime Control Act, 2024
in CCA Case No. 26/2024-25, Whereby
and Where under District Magistrate,
Buxar directed the petitioner to present at
Bagengola Police Station from
16.08.2024 to 15.09.2024 from 10 A.M
to 4 P.M and if the petitioner failed to do
so than the petitioner may be arrested and
in condition of violation of Order a penalty
of Rs. 2,00,000/- may be imposed on the
petitioner.
ii) For declaring and holding that
the petitioner not being an "Anti Social
Element" as defined under section 2(b) of
the Bihar Control of Crimes Act, 2024, as
the petitioner is not a veteran criminal
rather petitioner was employee of Private
Company and resident of Buxar, whose
land had been get acquired by the District
Administration for Chausha Power Plant
and petitioner's father namely Sri Mahesh
Tiwari is actively leading the protest made
against the land acquisition and the name
Patna High Court CR. WJC No.2048 of 2024 dt.07-02-2025
of petitioner roped by Respondent District
Magistrate, Buxar in different criminal
cases and under Bihar Control of Crime
Act, 2024 only to create pressure on the
petitioner's father to withdraw the
agitation.
iii) For issuance of writ in the
nature of Mandamus directing the
respondent authority specially respondent
Nos. 1 to 3 to conduct an enquiry
pertaining to criminal history of the
petitioner, as the petitioner is not a
criminal rather the petitioner is a farmer
who participated in the protest with other
villagers against the construction of
Chausha Power Plant at the agricultural
land of petitioner's and other villagers.
iv) For stay of order 02.08.2024
issued vide Memo No. 464 Dated:
12.08.2024 passed by Respondent
District Magistrate, Buxar under Section 3
of Bihar Code of Crime Control Act, 2024,
whereby and whereunder the petitioner
has been directed to make attendance to
Bagengola Police station for the entire day
and for stay of the proceeding during the
Patna High Court CR. WJC No.2048 of 2024 dt.07-02-2025
pendency of this writ application,
v) For issuance of any other
order/orders, as may deem fit and proper,
in the facts and circumstances of the
case."
2. It is submitted by learned counsel for the
petitioner that in the year 2013, Buxar Bijlee Company
was acquired by S.J.V.N Limited. On 17th January,
2013, S.J.V.N Limited signed MOU with Bihar State
Power (Holding) Company Limited and Bihar Power
Infrastructure Company Limited for the take-over of
Bihar Bijlee Company and development of 1320 MW
Buxar plant. Accordingly, the lands of adjacent areas of
the project were acquired. In the year 2023, the
farmers whose lands were acquired for the plant,
initiated a protest outside the plant for inappropriate
compensation and they were also protesting for change
in the route of Rail Corridor as the present Corridor
destroyed the fertile cultivated land of the area. The
land of the petitioner was also acquired in the said
Patna High Court CR. WJC No.2048 of 2024 dt.07-02-2025
project and petitioner along with his father also joined
the protest, as a result of which initially, three criminal
cases were instituted against the agitators which were
numbered as Buxar (Muffasil) P.S. Case No. 520 of
2022, Buxar(Mufassil) P.S. Case No. 522 of 2022 and
Buxar (Mufassil) P.S. Case No. 523 of 2022. The
petitioner was not named in the aforesaid cases. Due to
the protest made by the villagers against the power
plant, several other cases were instituted by the police
against several villagers and since the petitioner and his
father were actively participated in the agitation, they
were also made accused in several other cases.
3. In pursuance to the direction of this Court,
the respondents have filed their counter affidavits
annexing relevant documents. We have perused
Annexure- R series as well as Annexures-A,B & C of the
counter affidavits. From perusal of the material
evidence, we do not find any iota of material evidence
Patna High Court CR. WJC No.2048 of 2024 dt.07-02-2025
to suggest that there is an immediate threat to the
society on behalf of the petitioner so as to invoke
Section 3 of Bihar Control of Crimes Act, 2024 against
him. From the materials available on record, it clearly
transpires that land of the petitioner was also acquired
for the project and petitioner was also protesting for
appropriate compensation against the authority. All the
F.I.Rs were registered against the petitioner in between
the protest made by the villagers including the
petitioner. The materials available on record also
suggests that petitioner is not a veteran criminal, so
that, he may be directed to mark his attendance from
16.08.2024 to 15.09.2024 before Officer-in-charge,
Bagengola.
4. Be that as it may, since the cause of action
arose from 16.08.2024 till 15.09.2024 which has
already expired, the present writ petition stands
disposed of as it has become infructuous.
Patna High Court CR. WJC No.2048 of 2024 dt.07-02-2025
5. Accordingly, the present writ petition
stands disposed of as it has become infructuous.
( S. B. Pd. Singh, J)
(P. B. Bajanthri, J)
Shageer/-
AFR/NAFR NAFR
CAV DATE 27/11/2024
Uploading Date 07/02/2025
Transmission Date 07/02/2025
