Patna High Court
Sunil Kumar Tiwari @ Sunil Kumar @ Guddu ... 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.2212 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District- Buxar
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Sunil Kumar Tiwari @ Sunil Kumar @ Guddu Tiwari, son of Narendra
Tiwari, resident of Village- Banarpur, P.S.- Buxar (Muffasil), Dist.- Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police, Bihar
2. Principal Secretary, Home Department, New Secretariat, Bailey Road, Patna
Bihar
3. Commissioner, Patna Division, Patna
4. The Senior Superintendent of Police, Buxar
5. District Magistrate, District- Buxar
6. Sub-Divisional Officer, District- Buxar
7. Officer-in-Charge, P.S-Buxar Muffasil, District- Buxar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anurag Saurav, Advocate
Mr. Abhishek Kumar, Advocate
Ms. Prity Kumari, Advocate
Mr. Sharda Raje Singh, Advocate
Mr. Ankesh Bibhu, Advocate
For the Respondent/s : Mr. Dhurendra Kumar, AC to G.P-.5
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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:-
Patna High Court CR. WJC No.2212 of 2024 dt.07-02-2025
2/7
" i) For Quashing of Order dated:
Dated: 12.08.2024 passed by Respondent
District Magistrate, Buxar under Section 3
of Bihar Control of Crimes Act, 2024 in
BCCA Case No. 25/2024-25, whereby and
whereunder District Magistrate, Buxar,
directed the petitioner to present and
mark daily attendance at Dumraon Police
Station from 16.08.2024 to 15.09.2024
at 10 A.M to 4 P.M, and failing which
petitioner may be arrested and in the
condition of violation of Order a penalty of
Rs. 2,00,000/- may be imposed to 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 is a farmer whose land is
being acquired by the District
Administration for Chausha Power Plant
and petitioner's father namely Sri
Narendra Tiwari is actively leading the
protest made against the land acquisition
Patna High Court CR. WJC No.2212 of 2024 dt.07-02-2025
and the name of petitioner is 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 especially
respondent Nos. 1 to 2 to conduct an
enquiry pertaining to the 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 grant of stay oo order
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
Dumrao Police station for the entire day
and stay of the proceeding during the
Patna High Court CR. WJC No.2212 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.2212 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. 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
Annexures-R4 and R5 series of the counter affidavits.
From perusal of the material evidence, we do not find
any iota of material evidence to suggest that there is an
immediate threat to the society on behalf of the
Patna High Court CR. WJC No.2212 of 2024 dt.07-02-2025
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, Dumraon Police
Station.
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.
5. Accordingly, the present writ petition
Patna High Court CR. WJC No.2212 of 2024 dt.07-02-2025
stands disposed of as it has become infructuous.
( S. B. Pd. Singh, J)
(P. B. Bajanthri, J)
Shageer/-
AFR/NAFR NAFR
CAV DATE 26/11/2024
Uploading Date 07/02/2025
Transmission Date 07/02/2025
