Patna High Court
Angita Devi @ Geeta Devi vs The State Of Bihar Through The Chief ... on 8 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.387 of 2023
Arising Out of PS. Case No.-598 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
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Angita Devi @ Geeta Devi W/O Shiv Shankar @ Shiv Kumar Ray R/V-
Jagdishpur, Ward No. 4, P.S.- Pusa, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. Of Bihar, Patna Bihar
2. The Chief Secretary, Govt. Of Bihar, Patna Bihar
3. The District Magistrate, Samastipur, District- Samastipur Bihar
4. The Principal Secretary, Department of Home (Police), Govt. of Bihar, Patna
Bihar
5. Director General of Police, Bihar, Patna Bihar
6. The Inspector General of Police, Darbhanga Division, At- Laherisarai,
Darbhanga Bihar
7. The Superintendent of Police, District- Samastipur Bihar
8. The Officer-in-Charge, Pusa Police Station, District- Samastipur Bihar
9. MS. Nisha Bharti, the then Officer-in-Charge, Pusa Police Station, District-
Samastipur Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey No.5, Adv.
For the Respondent/s : Mr. Sheo Shankar Prasad, APP
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL JUDGMENT
Date : 08-01-2025
Inter play between the provision contained in Sub-
section (1) of Section 154 and Sub-section (3) of the same Section
is the subject matter of the instant writ petition which needs
adjudication.
Patna High Court CR. WJC No.387 of 2023 dt.08-01-2025
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2. It is the case of the petitioner that on 27 th April, 2022,
she lodged a written complaint before the Officer-in-charge, Pusa
Police Station against the private respondents along with certain
documents viz. injury report, medical papers etc.
3. It is the allegation of the petitioner that the said
complaint was refused to be accepted by the concerned S.H.O. of
the Police Station. The petitioner sent a copy of the said complaint
on 29th April, 2022 under registered post. The postal track report
suggests confirmation of delivery of the envelope containing the
written complaint on 29th April, 2022 itself. Even after that, no
specific case was initiated against the respondents on the basis of
the said F.I.R. Finding no other alternative, the petitioner lodged a
complaint to the Superintendent of Police, Samastipur, alleging an
allegation of assault upon her, her husband and children with
intention to commit murder of them. Unfortunately, no action was
taken on the basis of the said information, submitted by the
petitioner, to the Superintendent of Police, which prompted her to
lodge a complaint under Section 156(3) of the Cr.P.C. before the
jurisdictional Magistrate. The learned Magistrate called for a
report of the S.H.O., Pusa P.S. on the fate of the complaint
submitted by the petitioner on 27/29.4.2022. The S.H.O., Pusa P.S.
sent a report stating, inter alia, that specific case was registered
Patna High Court CR. WJC No.387 of 2023 dt.08-01-2025
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against the private respondents, on the basis of the complaint made
by the petitioner, before the Superintendent of Police, Samastipur.
4. The grievance of the petitioner is that the letter
written by the petitioner to the Superintendent of Police,
Samastipur was practically not a complaint. This is an information
regarding Police inaction and failure on the part of the Station
House Officer to take action on the basis of the F.I.R. dated
27/29.4.2022
. The said information does not disclose the incidents
constituting offence in detail. The medical documents in support of
the petitioner's case, but the S.H.O., to save his skin, manipulated
the said information, dated 29th April, 2022, addressed to the
Superintendent of Police, by incorporating his name by pen on the
top of the Superintendent of Police. Thus, the F.I.R. lodged on the
basis of 6th May, 2022 does not disclose the allegations made out
against the respondents by the petitioner and the fate of the
investigation is very much known to the petitioner.
5. It is also contended on behalf of the petitioner that the
Investigating officer purposefully suppressed the medical
documents and other materials, which were annexed along with
the written complaint dated 27th April, 2022, as those documents
were not brought in the record, it will not find place in the case
diary and ultimately a futile attempt would be made by the Police
Patna High Court CR. WJC No.387 of 2023 dt.08-01-2025
Authority, as a result of which the accused persons will either be
discharged or final report shall be filed against them.
6. The learned Advocate on behalf of the
State/respondents, on the other hand, submits that under Section
154(1) of the Cr.P.C., it is the duty of the Police Officer to record
every information relating to the commission of cognizable
offence, as per the dictation of the informant and thereafter the
Police Officer shall record F.I.R. Under Section 154(1), Police
Officer is duty bound to register F.I.R. on receiving information,
relating to the commission of cognizable offence. Sub-section (3)
was introduced in Section 154 because of the fact that any person
aggrieved by a refusal on the part of an Officer In-charge of a
Police Station to record the information referred to in Sub-section
(1), may send the substances of such information, in writing or by
post to the Superintendent of Police concerned who, if satisfied,
that such information discloses the commission of cognizable
offence, shall either investigate the case himself or direct an
investigation to be made by the Police Officer Subordinate to him,
in the manner provided by this Court and such Officer shall have
the power of an Officer-in-charge of the Police Station in relation
to that offence. Thus, Sub-section (3) of Section 154 clearly
provides that in case of refusal by a Police Officer, to record a
Patna High Court CR. WJC No.387 of 2023 dt.08-01-2025
cognizable case, and treat the same as F.I.R., the informant can
sent the substance of allegation to the Superintendent of Police,
who will either himself or by deputing another Police officer cause
investigation of the same.
7. It is contended on behalf of the State/respondent that
the Police Officer registered F.I.R. on the basis of the complaint
sent by the petitioner to the Superintendent of Police, under
Section 154 (3) of the Cr.P.C. Therefore, he did not commit any
wrong by registering F.I.R. on 6th May, 2022.
8. Learned Advocate on behalf of the petitioner, on the
other hand, submits that the information given by the petitioner to
the Superintendent of Police is not in the nature of a complaint, but
an allegation was made against the S.H.O., Pusa P.S. for non-
compliance of Section 154(1) of the Cr.P.C. The said allegation
does not contain any story of the incidents, which were perpetrated
upon the petitioner and others. The learned Magistrate refused to
take action on petitioner's application under Section 156(3) of the
Cr.P.C., on the ground that the F.I.R. has been lodged. However,
the learned Magistrate did not consider that the F.I.R. was lodged,
not on the basis of the complaint dated 27th April, 2022, but on the
basis of allegation made by the petitioner to the Superintendent of
Police on 29th April, 2022.
Patna High Court CR. WJC No.387 of 2023 dt.08-01-2025
9. Having heard the submission made by the learned
Advocate for the parties and on perusal of the entire materials on
record, this Court finds at the first instance that an order rejecting
an application under Section 156(3) of the Cr.P.C., passed by the
learned Magistrate, cannot be made impugned in a writ
jurisdiction. The remedy of the petitioner lies in filing revision
against the said order under Section 397 read with Section 401 of
the Cr.P.C.
10. Be that as it may, in the instant case, the petitioner
wants proper investigation of her allegation of physical assault and
attempt to murder by the Police. It is true, that the medical
documents, which were attached with the complaint dated 27 th
April, 2022 was not taken into consideration by the Investigating
officer.
11. It is ascertained from the counter affidavit that the
investigation is under the supervision of the Sub Divisional Police
Officer and the Investigating Officer submitted a report stating,
inter alia, that the allegation made by the petitioner discloses non-
cognizable offence and, therefore, the F.I.R. being Pusa P.S. Case
No. 36 of 2022 be closed.
12. Since, the matter is at the stage of investigation, the
Sub Divisional Police Officer, Tajpur, Samastipur is directed to
Patna High Court CR. WJC No.387 of 2023 dt.08-01-2025
consider the materials contained in the complaint dated 27 th April,
2022, which was submitted by the petitioner and if he finds
disclosure of cognizable offence, he shall take necessary step
under Section 173 of the Cr.P.C.
13. With the above direction, the instant criminal writ
petition is disposed of.
(Bibek Chaudhuri, J)
pravinkumar/-
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