A police officer has moved the Supreme Court alleging that he was assaulted by certain persons inside the chambers of an Additional District Judge (ADJ) of Patna [Gopal Krishna and another vs State of Bihar].
The petitioner Gopal Krishna has challenged a Patna High Court order dated August 31 by which it had accepted the closure report in the complaint filed by the Police officer against the District Judge.
A bench of Justices MR Shah and MM Sundresh on Wednesday issued notice to the State of Bihar and sought its response by December 5.
As per the petitioner, he was called inside the chamber of ADJ Avinash Kumar on November 18, 2021.
This was after a complaint was filed by one Usha Devi, wife of one Deepak Raj alleging that the petitioner, who was the station house officer of Ghoghardiha police station, had threatened to falsely implicate Devi, Raj husband and her other family members.
"Initially the petitioner was reluctant to appear, but after receiving multiple calls the petitioner on November 18, 2021 at 2 pm appeared in the chamber of Shri Avinash Kumar, ADJ, and thereafter the alleged shocking incident unfolded," the plea said.
As per the petition, when the petitioner reached the chamber of ADJ Avinash Kumar, he started abusing the petitioner and when the petitioner protested against such behaviour, he was severely assaulted at the behest of the ADJ.
As per the Fard Bayan,
"Inside the chamber the petitioner was insulted and verbal abuse was hurled upon him, and in the meanwhile Deepak Raj and other Court officials started beating the petitioner, at this the petitioner No.2 came in the room and he was also been beaten up by Avinash Kumar. To save his life, the petitioner locked himself in the bathroom. Blood was oozing from the petitioners body and his uniform was torn."
An FIR was lodged against the judge but only after a considerable delay on June 20, 2022.
The judge also lodged an FIR against the petitioner in November 2021 based on which the petitioner was arrested. He managed to secure bail only in June 2022.
Meanwhile, when the petitioner's FIR which came up for challenge before the High Court, it was observed by the Court that the police officers who registered the same, were in contempt of court.
The State submitted that the same was registered out of misconception of facts and filed a closure report.
The Court accepted the report and directed the lower court to close the proceedings.
The plea before the top court said that the FIR was closed by the State Government "under the threat of contempt".
It was stated that the High Court had incorrectly accepted the closure report and closed the case directing the lower court not to proceed with the said FIR.
The plea set out the following question of law for consideration by the Court:
"When any criminal conduct is attributed to a Judicial Officer not connected with discharge of his duties or in purported exercise or discharge of his duties, can a FIR be registered under section 154 CrPC and investigation of the said crime be proceeded.”
The petitioner also contended that he and other petitioners were not heard by the High Court, while accepting the closure report.
Senior Advocate Siddharth Dave appeared for the appellant/ petitioner before the Supreme Court.