Patna, Aug 4 The Patna High Court on Thursday pulled up the Bihar Police, saying its approach against judicial officers was dangerous and it was not even respecting the rulings of the Supreme Court.
A division bench of Justices Rajan Gupta and Mohit Shah made the remarks in presence of Bihar DGP S.K. Singhal who appeared before the bench in connection with the hearing of ADJ Avinash Kumar assault case in Madhubani, after being summoned by the court on Wednesday.
ADJ, Jhanjharpur, Avinash Kumar was assaulted by then Ghoghardeh SHO Gopal Krishna and Sub-Inspector Abhimanyu Kumar Sharma in his court chamber on November 18, 2021. The two policemen also threatened him with dire consequences by pointing a pistol on him. He was subsequently rescued by the lawyers of the Jhanjharpur court.
Following the incident, ADJ Avinash Kumar registered an FIR against the two policemen in the Jhanjharpur police station. Since then, the high court was monitoring the case.
However, on Wednesday, the court was shocked to know that an FIR was filed against the ADJ.
Government lawyer Mrigang Mauli, appearing for the police, said that an FIR was registered against the ADJ on the statement of then SHO and the SI in June this year. At this, Chief Justice Sanjay Karol asked him to inform the court under which law was the FIR was registered against the ADJ.
"The state police have violated the ruling of the Supreme Court which clearly said that the FIR would be registered against any judge only after the direction of the Chief Justice of the high court. As I have not given the permission to register an FIR against ADJ, how could Bihar Police register an FIR against him," he said.
He had summoned the DGP on Thursday.
On Thursday, the bench also asked the DGP that if any case is registered against leaders, police will withdraw it immediately. "Then, why have you delayed in withdrawing the FIR against a judge?"
At this, Advocate General Lalit Kishore told the court that the police had made the mistake by registering the FIR against the ADJ. As the police cannot withdraw it on its own, it has started the process and moved an application in the respective court for the cancellation of the FIR. The FIR will be cancelled soon.
Following the assurance, the bench directed the police to rectify the error by the next hearing.
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