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Synopsis

The Patna High Court on Wednesday came down heavily upon State authorities after getting no clear answer for registering an FIR against Additional District & Sessions Judge, Jhanjharpur in an assault case.

Allegedly two police officers had assaulted the judge in his chamber in November last year. Initially, an FIR was registered against the police officials allegedly involved, however, on June 22nd this year, an FIR against the judge was also registered.

On July 14, the amicus curiae in the case, Advocate Mrigank Mauli, brought to court's notice three judgments rendered by the Top Court and argued that while registering FIR against the judicial officer, the investigating agency had violated the law laid down by the Apex Court. Taking note of the same, the High Court had directed the State Counsel to examine the matter and address the Court.

However, on Wednesday, Court observed that no clear answer was tabled in view of the order of July 14. Court said, "Prima facie, it shows that State has acted in violation of the various Supreme Court judgments referred to in the aforesaid order".

Considering the same, Court asked the Director General of Police, Bihar, Patna to be present before the Court on the next date and said, "Apart from hearing the case on merits, we may be inclined to issue show cause notice for contempt to the concerned officers."

Suo Moto cognizance of the matter was taken on the direction of the Chief Justice and the matter was put up for special hearing after a report was forwarded to the high court by the District and Sessions Judge, Madhubani dated 18.11.2021 alleging that Avinash Kumar-I, Additional District and Sessions Judge, Jhanjharpur had been subjected to assault.

According to the report, at about 2:00 PM, certain police officers entered the Chamber of the judge and started abusing him. On his protest, both police officers misbehaved and manhandled the Judge. Not only this, they physically assaulted him. They took out their service revolvers and wanted to attack the officer. However, the officer was saved by certain employees and Advocates of the Civil Court.

Finding this serious episode impinging upon the independence of judiciary, the Court had directed the Director General of Police to look into the entire matter and submit a report in sealed cover. Thereafter, certain reports have been submitted from time to time.

Currently, the division bench of Justice Rajan Gupta and Justice Mohit Kumar Shah is hearing the matter.  

Case Title: Court on its Own motion on the letter dt. 18.11.2021 from the District and Sessions Judge, Madhubani. v. State of Bihar and Ors.