Advocate Clerk Was Allegedly Assaulted By Anti-Social Elements And Police Did Not Even Record FIR: Jharkhand HC Directs SSP To File Affidavit
The Jharkhand High Court noted that an advocate clerk was allegedly assaulted by some anti-social elements and the police officials neither took any action nor recorded the FIR.
The Court listed the matter for November 7 and directed the Senior Superintendent of Police (SSP) to submit a personal affidavit explaining what action has been taken in the matter and cite reasons for not lodging the FIR.
Justice Sanjay Kumar Dwivedi observed, “It has been disclosed in the writ petition that the petitioner is an advocate clerk who has been assaulted by the anti-social elements and the matter was reported to the police but no action has been taken and even the F.I.R has not been registered… In view of that, the S.S.P., Ranchi will file his personal affidavit on the point of the allegations made in the writ petition within one week after Durga Puja Vacation”.
Advocate Suraj Verma appeared for the Petitioner and Advocate Deepankar Roy appeared for the Respondent.
The Petitioner had filed a Writ Petition seeking directions against the State to register an FIR. The Petitioner was allegedly assaulted by the anti-social elements and he reported the matter to the police but no actions were undertaken.
The Court instructed the Senior Superintendent of Police (SSP) to file a personal affidavit on the point of the allegations made in the writ petition within one week after the Durga Puja Vacation. The Court noted that such an affidavit must be submitted while considering the directions issued by the Court in the case of Pooja Giri v The State of Jharkhand.
The Court in the Pooja Giri Case (Supra) had issued the following directions:
“The Director General of Police, State of Jharkhand, Ranchi is further directed to issue necessary Circular/SOP to all Station House Officers in respect of the directions issued in Lalita Kumari's case at paragraph 120 of the judgment, which has already been produced hereinabove, with instructions to follow them scrupulously and if necessary, the Director General of Police, Jharkhand, Ranchi may forward the said Circular/SOP in translated copy of the said judgment in Hindi and other languages so that the police officers are able to understand the judgment. The Director General of Police, Jharkhand, Ranchi may also indicate that disciplinary proceedings will be initiated against the police officers, who will not follow the Circular/SOP in light of the judgment passed by the Hon'ble Supreme Court in Lalita Kumari (supra)”.
Accordingly, the Court listed the matter for November 7.
Cause Title: Subodh Kumar v. The State of Jharkhand and Others
