Gopal Krishna. a Police Officer has alleged assault on behest of an Additional District Judge (ADJ) of Patna inside his Chamber.
He has now moved to Supreme Court challenging the Patna High Court order by which it had accepted the closure report in the complaint filed by him against the Judge.
The Bench comprising of Justice MR Shah and Justices MM Sundresh has issued Notice in the matter and sought the State of Bihar's response till 5th December.
The petitioner stated that he was called into the Chamber of the ADJ in November last year after a complaint was filed against him alleging that he had threatened one complainant and falsely implicate her husband and other family members.
He went on to state that when he duley registered his presence, the ADJ started abusing him and when the same was protested, he was severely assaulted at the behest of the ADJ.
He also pointed out that FIR in the incident was also registered after a considerable delay in June 2022. In the High Court it was observed that petitioner was in contempt of court.
The State contended that the FIR was filed on misconception of facts and accordingly submitted a Closure Report. The same was accepted and direction were issued to the Lower Court to close the proceedings.
The petitioner has now stated before the Top Court that his FIR was closed by the State Government under the threat of contempt. He has contended that the High Court had incorrectly accepted the closure report and closed the case. The petitioner has also alleged that he was denied the opportunity to be heard while the Closure Report was admitted.
The question of law framed for the Apex Court's consideration is thus:
When any criminal conduct is attributed to a Judicial Officer not connected with discharge of his duties or in purported exercise or discharge of his duties, can a FIR be registered under section 154 CrPC and investigation of the said crime be proceeded?
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(With input from news agency language)
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