Patna High Court
UMA KANT YADAVversusThe State of Bihar through the Director General of Police, Bihar, Sardar Patel Bhawan, Bailey Road
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The court disposed of the writ petition, directing the petitioner to file a representation with the Senior Superintendent of Police for investigation and appropriate action.
Summary
Petitioner Uma Kant Yadav filed a writ petition alleging that Assistant Sub-Inspectors Nasim Uddin and O.P. Ram illegally detained him and his family for three hours, assaulted and abused them, and obstructed the construction of his house, claiming the police had no authority under Section 143 of the Cr.P.C., Section 162 of the B.N.S.S., or Section 5 of the Land Dispute Resolution Act, 2009. He sought an inquiry, disciplinary action, and compensation, offering video evidence of the alleged misconduct. The court noted that the petitioner now wishes to pursue the matter through a representation to the Senior Superintendent of Police rather than the writ itself. Accordingly, the court directed the petitioner to file a representation within 15 days, after which the police were to act within three months. The writ petition was consequently disposed of without a substantive ruling on the merits.
Issues considered
- Whether police officers have statutory authority to stop construction under Section 143 Cr.P.C., Section 162 B.N.S.S., or Section 5 Land Dispute Resolution Act, 2009.
- Whether the alleged three‑hour detention, assault and abuse constitute illegal detention warranting disciplinary action and compensation.
- Whether the writ petition can be disposed of by directing the filing of a representation instead of ordering a full inquiry.
- Whether compensation can be awarded through a criminal writ jurisdiction.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 143
Subjects
- police misconduct
- illegal detention
- abuse of authority
- land dispute
- writ petition
- disciplinary action
- compensation
- criminal writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.812 of 2022
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Uma Kant Yadav S/o Late Sri Yadav @ Sri Gope Yadav, Resident of Village-
Rustamganj, P.S.- Naubatpur, P.S.- Naubatpur, District- Patna.
... ... Petitioner
Versus
1. The State of Bihar through the Director General of Police, Bihar, Sardar
Patel Bhawan, Bailey Road Patna, Bihar.
2. The Director General of Police, Bihar, Sardar Patel Bhawan, Bailey Road,
Patna. Bihar.
3. The Inspector General of Police, Gandhi Maidan, Patna, Bihar.
4. The District Magistrate-cum-Collector, Gandhi Maidan, Patna Bihar.
5. The Senior Superintendent of Police, Patna Bihar.
6. The Deputy Superintendent of Police Phulwari Sharif, Patna Bihar.
7. The Station House Officer, Naubatpur, Patna Bihar.
8. Md. Nasim Uddin, Assistant Sub- Inspector of Police, Naubatpur Police
Station, District- Patna. Bihar.
9. O.P. Ram, Assistant Sub-Inspector of Police, Naubatpur Police Station,
District- Patna, Bihar.
... ... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate
For the Respondent/s : Mr. Md. Fazle Karim, AC to SC-1
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 22-01-2026 Heard learned counsel for the parties.
2. Learned counsel for the petitioner submits that
petitioner has filed the instant writ petition for commanding the
respondent authorities for inquiry and appropriate disciplinary
action on the basis of written complaint filed by the petitioner
dated 27.05.2022 before the respondent authorities against
unlawful conduct of Assistant Sub-Inspectors of Police, Mr.
Nasim Uddin and Mr. O.P. Ram, respectively for their personal
gain, and the petitioner is ready to produce the video footage in
course of inquiry or as directed by the Hon’ble Court, which
Patna High Court CR. WJC No.812 of 2022(4) dt.22-01-2026
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was recorded on two dates on 14.05.2022 and 26.05.2022 in
presence of all the villagers and/or for grant of appropriate
compensation to the petitioner for unlawful detention of petition
and his family members, namely Shambhu Prasad, Pinku Kumar
Yadav and Arun Kumar for a time of three hours in Police
custody in a Civil matter as well as for abusing and assaulting
the petitioner in his village contrary to the law after taking
illegal gratification from other side which is not permissible in
the eye of law and/or any other relief/reliefs admissible under
the law in the light of factual profile of this case in the interest
of Justice.
3. Learned counsel for the petitioner submits that in
a most unlawful manner, respondent nos. 8 and 9 obstructed the
petitioner from constructing his house. The police officials are
not authorized to stop any construction as the said power is
vested with the Executive Magistrate / Sub-Divisional
Magistrate in a proceeding under Section 143 of the Cr.P.C. /
Section 162 of B.N.S.S., and also with D.C.L.R. under Section 5
of Land Dispute Resolution Act, 2009 or to a competent Civil
Court under appropriate proceeding. Nowhere it has been
provided for the police to order for stopping the construction or
directing a person from not to take any step over his land.
4. Learned counsel further submits that moreover,
Patna High Court CR. WJC No.812 of 2022(4) dt.22-01-2026
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taking the petitioner into custody for three hours and abusing
and assaulting him using their power and authority, amounts to
criminal act, since it is completely illegal on the part of
respondent nos. 8 and 9. However, learned counsel further
submits that at this stage, petitioner is not inclined to proceed
with the present writ or prayer made therein and the present writ
petition may be disposed of by issuing direction to Senior
Superintendent of Police, Patna to properly investigate the
matter and take appropriate action against respondent nos. 8 and
9 on representation being filed on behalf of the petitioner.
5. Since, the petitioner has confined his prayer
seeking for taking action on representation of the petitioner, the
petitioner is directed to file a representation within a period of
15 days of the present order before the Senior Superintendent of
Police, Patna, who will duly acknowledge the receipt of the
application and take appropriate action on the basis of said
representation within next three months thereafter.
6. Accordingly, the present writ petition stands
disposed of.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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