Introduction:

The Patna High Court delivered a scathing rebuke to the Patna Police, expressing grave concern over an alleged assault on junior Advocates by a landlord. Justice Bibek Chaudhuri’s observations condemned the incident, asserting that it indicates Patna is not a safe city for residents. The case arose from a criminal writ application filed by Junior Advocate Abhishek Kumar, who accused his landlord and associates of stabbing him and fellow Advocates over a parking dispute. The court’s scrutiny uncovered potential bias in the police investigation, prompting a directive to establish a Special Investigating Team (S.I.T.) and questioning the safety of residing in the city.

Arguments:

The petitioner, represented by Mr. Ravi Raj, highlighted the assault on Advocates and the alleged favoritism shown towards the accused landlord by the Jakkanpur Police. The defense argued that the FIR should include severe charges given the nature of the assault, questioning the police’s decision to release the accused under Section 41(A) of the Cr.P.C. The State, represented by Mr. P.K. Verma, countered the petitioner’s claims, asserting the police’s adherence to legal procedures.

Court’s Judgement:

Justice Chaudhuri’s scathing remarks questioned the police’s handling of the case, expressing disbelief at the absence of more serious charges. The court ordered the formation of an S.I.T., comprising impartial officers, to investigate the matter thoroughly. It also instructed the Senior Superintendent of Police to preserve C.C.T.V. footage and consider additional charges under Sections 148/149/324/326/307 of the IPC. Notably, the court emphasized the crucial role of Advocates and underscored the need for a fair investigation.