Created by Fuzzy Cloud

Patna High Court

UMA KANT YADAVversusThe State of Bihar through the Director General of Police, Bihar, Sardar Patel Bhawan, Bailey Road

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                      3/3




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.