Patna High Court
Priyanka Rani @ Neha Gupta vs The State Of Bihar Through The Principal … on 29 November, 2023
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1379 of 2022
Arising Out of PS. Case No.- Year-0 Thana- District- Gaya
PRIYANKA RANI @ NEHA GUPTA WIFE OF SHRI GAURAV GUPTA,
D/O SHEKHAR KUMAR SAHA R/O MOHALLA- A.N. ROAD,
MURARPUR, P.S. KOTWALI, DISTT.- GAYA, BIHAR
… … Petitioner/s
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
HOME DEPARTMENT, BIHAR, PATNA
2. THE DIRECTOR GENERAL OF POLICE, OLD SECRETARIAT, PATNA
3. THE INSPECTOR GENERAL OF POLICE, PATNA, BIHAR
4. THE SENIOR SUPERINTENDENT OF POLICE, DISTT.-GAYA
5. THE S.H.O. KOTWALI P.S., DISTT.- GAYA
6. MANOJ KUMAR SON OF LATE RAM CHANDRA PRASAD
PRESENTLY POSTED AS ASP, VIGILANCE DEPARTMENT, PATNA,
BIHAR, RESIDENT OF 401 4TH FLOOR MAHAVIR ENCLAVE NEAR
SHYAMA APARTMENT, LOHIA PATH, JAGDEV PATH, RUKANPURA,
PATNA, BIHAR- 800014
7. ASI REKHA KUMARI AT THE TIME OF INCIDENT POSTED AT
KOTWALI P.S.- GAYA, BIHAR
8. ASI SANJAY KUMAR AT THE TIME OF INCIDENT POSTED AT
KOTWALI P.S., GAYA, BIHAR
9. SHRI BAIJU GUPTA SON OF SHRI FUNNU LAL R/O GAYATRI
COMPLEX ABOVE JANA SMALL F.M. FINANCIAL BANK,
LAHARIYA TOLA KOTWALI P.S., GAYA, BIHAR- 823001
10. SMT. GAYATRI DEVI WIFE OF SHRI BAIJU PRASAD GUPTA R/O
GAYATRI COMPLEX ABOVE JANA SMALL F.M. FINANCIAL BANK,
LAHARIYA TOLA KOTWALI P.S., GAYA, BIHAR- 823001
11. SHRI VARUN KUMAR SON OF SHRI BAIJU PRASAD GUPTA R/O
GAYATRI COMPLEX ABOVE JANA SMALL F.M. FINANCIAL BANK,
LAHARIYA TOLA KOTWALI P.S., GAYA, BIHAR- 823001
… … Respondent/s
Appearance :
For the Petitioner/s : Mr.Mithilesh Kr. Arya
For the Respondent/s : Mr.Manish Kumar
For the Respondent No. 9 to 11: Mr. Rana Vikram Singh
For the Respondent No. 6 : Mr. Sanjeev Kumar
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For the Respondent No. 8 : Mr. Arun Kumar No. 1
For the Respondent No. 7 : Mr. S. Sinha
For the State : Mr. Deepak Kumar AC to GP 4
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
CAV JUDGMENT
Date : 29-11-2023
1. The petitioner has filed the present writ application for
the following reliefs:
i) For direction to the Respondent No. 2 to
appoint an independent agency i.e. C.B.I. in view of law
laid down by Hon’ble Supreme Court in the case of 1995
Cri.L.J.3612 for the purpose of registration of prosecution
against the Respondents No. 6 to 11 for the offences
punishable under Section 188, 191, 193, 203, 204, 211,
219 of I.P.C. read with Sections 120B and 34 of the I.P.C.
and to proceed against them in accordance with law.
ii) For direction to the Respondent No. 2 for
initiating enquiry against the Respondent No. 6 to 8 in the
matter of violation of provisions of law, and to take action
against them.
iii) For direction to the Respondent No. 1 to file
and initiate contempt proceedings against the respondents
police officers for disobeying the law laid down by the
Hon’ble Supreme Court of India and this Hon’ble Court
from time to time in the matter.
iv) For direction to the Respondent No. 2 to
immediate suspend the Respondents No. 6 to 8 for not
performing their duties in the manner required;
v) Pass appropriate directions to the Home
Ministry / Respondent No. 1 to frame rules so as to avoid
such false implications of citizens at the hands of corrupt
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criminal minded police personnels.
2. The brief facts giving rise to the present writ
application as brought by the petitioner is that on 09.12.2015 the
petitioner was married as per Hindu rites and rituals to one
Gaurav Kumar, who is the son of respondent nos. 9 10. The
petitioner alleges that at the matrimonial home she was
subjected to torture, humiliation and harassment mentally and
physically at the hands of her husband, who was involved in
gambling, drinking liquor and having illicit relation with other
woman, which would be evident from the complaint filed by the
respondent no. 9 against her son. In the hope of reform of the
conduct and behaviour of her husband, the petitioner tried her
best to stay in her matrimonial home and during the course of
her stay she gave birth to a female child on 13.10.2017. After
birth of female child torture, harassment and humiliation upon
the petitioner by her in-laws aggravated and the life of the
petitioner became hell. She stated that at the instance of the
respondent no. 6 (Nandoi of the petitioner), who is posted as
A.S.P. (Vigilance Department, Patna) some police personnel
without any lady constable and without following the procedure
of law on 03.09.2019 at about 11:00 P.M. broke open the door
where the petitioner along with her minor daughter was residing
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(matrimonial home). The Kotwali Police forcibly took away one
09 year old boy namely, Dheeraj Kumar, who is the son of the
maid working in the matrimonial home namely Shakuntala
Devi. Accordingly, an F.I.R. bearing Kotwali P.S. Case No. 406
of 2019 under Sections 342 / 323 / 370 / 370 (a) / 374 / 353 of
the I.P.C., Section 75 / 79 of the J.J. Act and Section 14 (a) of
the Child and Adolescent Labour Act was lodged against the
petitioner.
3. The petitioner contends that in order to compel her to
withdraw all cases filed by her against her in-laws, the
respondent nos. 6 to 11 hatched a conspiracy and in execution of
the same the boy Dheeraj was abducted by Kotwali Police so
that petitioner and her family members can be dragged in a false
and frivolous case. The petitioner relies upon Annexure P-4 i.e.
conversation between local Kotwali Police and the respondent
no. 6 in support of her allegation. The mother of the abducted
child moved an application for custody of her son before the
C.J.M., Gaya in Kotwali P.S. Case No. 406 of 2019 wherein the
court on 04.10.2019 directed the I.O. to release the child in
favour of the mother. The petitioner had made an application on
09.10.2019
regarding the said incident to S.S.P., Gaya. She filed
several representations and complaints before various
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authorities which are annexed at Annexures-12 to 19 of this writ
application. There are series of litigations between the petitioner
and private respondents, which are mentioned hereinbelow:-
(i) Petitioner on 24.10.2018 filed D.V. Case No.
21 of 2018 before the A.C.J.M., Patna City alleging
torture and harassment against her in-laws.
(ii) Petitioner on 15.12.2018 lodged an F.I.R.
bearing Kotwali P.S. Case No. 573 of 2018 under
Section 498A, 341, 323, 504, 313 34 of the I.P.C. and
Section 3 / 4 of the D.P. Act against her in laws.
(iii) S.D.M., Sadar Gaya issued letter bearing no.
1316 / legal dated 20.12.2018 with regard to incident
dated 18.12.2018 when the petitioner went to her
matrimonial home but same was locked from outside.
With the help of Kotwali Police she was facilitated entry.
(iv) Respondent no. 9, who is the father-in-law of
the petitioner filed Cr.W.J.C. No. 3297 / 2018 in order to
get the petitioner evicted from the matrimonial home,
which was dismissed vide order dated 08.01.2020.
(v) Petitioner on 30th March 2019 filed one
Cr.W.J.C. No. 576 of 2019 which was allowed and
S.H.O. of Kotwali Police Station Gaya was directed to
provide protection to the petitioner and her daughter so
that her in-laws may not forcibly evict them from the
house where they are presently living.
4. Learned counsel for the petitioner submits that when
the respondent nos. 6 to 11 could not succeed in their objective
to get the petitioner evicted from matrimonial home, they
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hatched another conspiracy for implicating the petitioner in a
false frivolous case in order to get her evicted from matrimonial
home and also to pressurize her to withdraw all the cases which
would be evident from the conversation (Annexure P-7) along
with the transcript. He further submits that the respondent no. 7
i.e. A.S.I. Rekha Kumari along with with some police personnel
visited the shop of the father of the petitioner in connection with
Kotwali P.S. Case No. 406 / 2019 and abused her brother in
public view in order to degrade and lower down the dignity and
reputation of the family members of the petitioner. The in-laws
of the petitioner falsely implicated her in another F.I.R. bearing
Kotwali P.S. Case No. 179 of 2020 registered under Sections
342, 323, 370, 370(a), 374 of the I.P.C. and Section 75 / 79 of
the Juvenile Justice Act in conspiracy with local police of
Kotwali Police Station at the instance of the respondent no. 6 by
managing and manipulating a poor girl namely Nahida, who had
leveled derogatory and defamatory allegation against the
petitioner. Charge sheet in the said F.I.R. has been filed on the
basis of perfunctory investigation at the behest of the respondent
no. 6. The C.C.T.V. footage installed at the house of the
petitioner and nearby house has not been taken into
consideration before submission of charge sheet. It has further
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been submitted that the respondent no. 11 in order to harass and
humiliate the petitioner made a complaint before the District
Grievance Redressal Officer, Gaya for cancelling the drug
license of the petitioner, which was the only source of her
income and the drug license of the petitioner has been cancelled
vide order dated 04.07.2022 by the Assistant Drug Controller,
Gaya. The petitioner is having a daughter aged about 05 years
who goes to school but her studies are being affected because
the petitioner has to attend court cases accompanying her
daughter. The future and career of her daughter are at stake
because the in-laws of the petitioner are influential persons of
the society and are successfully managing Police Department
and also able to manage the lower judiciary.
5. On the other hand, learned counsel appearing for the
private respondents argued that present writ application has
been filed by suppressing vital and material facts from this
court. This court vide its order dated 06.12.2022 directed the
S.S.P., Gaya to review all the cases after giving opportunity of
hearing to the petitioner and to take appropriate view of the
matter. He further submits that a quashing application was filed
by the respondent nos. 9, 10 11 bearing Cr. Misc. No. 59895 /
2021 for quashing of the order of cognizance passed by C.J.M.,
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Gaya under Sections 341, 323, 504, 498A I.P.C. and Section ¾
of the Dowry Prohibition Act. By order dated 13.10.2022 a
Bench of this court stayed further proceedings of Kotwali P.S.
Case No. 573 of 2018. The opposite party no. 2 therein i.e. the
petitioner filed “vakalatnama” on 07.11.2022 and counter
affidavit on 17.11.2022 in the quashing application filed by the
private respondents. On 06.12.2022 when the present writ
application was taken up for hearing, the petitioner had the
knowledge about the stay order dated 13.10.2022 passed by this
court in Cr. Misc. No. 59895 / 2021 but this court was not
informed about the same. This amounts to deliberate
suppression of vital information from the court.
6. The petitioner is in the habit of harassing the
respondents in one way or the other. She has already filed
Domestic Violence Case No. 21 of 2018, which is pending
before learned A.C.J.M., Patna City. Miscellaneous Case No. 25
of 2019 for maintenance has also been filed by the petitioner,
which is pending before the learned Family Court, Gaya. In the
said Miscellaneous Case interim maintenance of Rs. 18,000/-
per month has been awarded. Defamation Case No. 1261 of
2022 has also been filed by the petitioner and is pending before
learned Judicial Magistrate, 1st Class, Gaya. The husband of the
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petitioner, who has surprisingly not been made respondent in the
present writ application has filed Matrimonial (Divorce) Case
No. 1405 of 2019 in which the petitioner has appeared and
proceeding is going on.
7. Learned counsel further submits that the audio is not a
trustworthy evidence. The petitioner has not submitted
certificate under Section 65B of the I.T.Act. Therefore, unless
authenticity and veracity of the alleged audio is tested, the same
cannot be a ground for proceeding against the private
respondents. Even the transcript of the said audio does not
prima facie show the complicity of the respondent nos. 6 in any
manner. Hence, the allegation is baseless and mala fide act of
the petitioner. He also submits that the principle of natural
justice provides for hearing of both the parties i.e. petitioner and
private respondents in order to ascertain the veracity and
truthfulness of the contents of the transcript of the alleged audio
but the petitioner has misrepresented before the Police and the
Police has committed illegality by not noticing the private
respondents while considering the fake script of the alleged
audio. All the matters were before the learned court below, but
the learned court below did not take cognizance of offences and
did not summon the respondent no. 6. Being infuriated by non
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summoning of the private respondent no. 6, the petitioner has
devised a new ploy to implicate the private respondents
including the respondent no. 6. The petitioner has not made out
a case for exercise of writ jurisdiction of this court. The private
respondents are made party malafidely in order to extract
personnel gains. The writ petitioner is filing many frivolous
cases against the private respondents on one pretext or the other.
The present case is an example of raking up issues which are
more than three years old and all matters are pending
consideration before different learned courts below. In the name
of review as per order dated 06.12.2022 the police authority is
harassing the private respondents. Accordingly, the Police
authorities may be directed not to harass the private
respondents.
8. Learned counsel for the State referring to the counter
affidavit submits that pursuant to the order dated 06.12.2022
police reviewed the cases i.e. Kotwali P.S. Case No. 573 / 2018,
Kotwali P.S. Case No. 406 / 2019 and Kotwali P.S. Case No.
179 of 2020. In course of review of Kotwali P.S. Case No. 573
of 2018 the informant and her brother were called and detailed
statement of the informant was taken. Since the investigation of
this case was closed, directions have been given to conduct
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further investigation under Section 173 (8) Cr.P.C. Further the
S.H.O., Kotwali Police Station has been directed to conduct
detailed investigation from the concerned doctor on the
allegation of the informant that abortion was done without her
consent and submit a report in this regard. Regarding Kotwali
P.S. Case No. 406 of 2019 instituted by the Labour Enforcement
Officer, City Gaya against the petitioner under Sections 342,
323, 370(A), 374 , 353 I.P.C. and Section 14(A) of the Child
Labour Act and Section 75 / 19 of the Juvenile Justice Act, it has
been submitted that upon investigation and supervision, the S.P.,
Gaya found the case true (report- R/3) and subsequently I.G.,
Magadh Range, Gaya directed to submit charge sheet against
the petitioner -Neha Gupta, Manorma Devi and Shekhar Kumar
Sah. In course of review direction has been given to get the
statement of Dheeraj Kumar [victim] and her mother recorded
under Section 164 Cr.P.C. and also to obtain complete injury
report of the victim.
9. With regard to the status of Kotwali P.S. Case No. 179
of 2020 directions have been given to conduct further
investigation under Section 173 (8) of the Cr.P.C. On
22.01.2023 statement of the writ petitioner was recorded
through video conferencing during which she claimed to have
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some call recordings and C.C.T.V. footage. Accordingly, she has
been advised to submit all such evidences on which she relied.
S.H.O., Kotwali Police Station has been directed to seize audio
and video clip in accordance with law and get the same
examined by Forensic Science Laboratory, Patna. Learned
counsel further submits that latest status of Kotwali P.S. Case
No. 573 of 2018 , Kotwali P.S. Case No. 406 of 2019 and
Kotwali P.S. Case No. 179 of 2020 have been brought on record
by way of counter affidavit of the respondent no. 4.
10. I have heard learned counsel for the parties and have
gone through the materials produced by them. The petitioner has
prayed for a direction to the D.G.P., Patna to appoint an
independent agency i.e. C.B.I. for initiating prosecution against
the respondent nos. 6 to 11 for their act of omission and
commission and take action against them. Admittedly both the
parties are family members making allegations and counter
allegations. Several cases have been lodged by both the parties
against each other. This court on 06.12.2022 directed the S.S.P.,
Gaya to review all the pending cases and in pursuance thereof
report has been submitted by S.S.P., Gaya who after hearing the
petitioner and her brother issued necessary direction for further
investigation in the matter and also to get the audio / video clip
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examined by the Forensic Science Laboratory, Patna.
11. Taking into consideration the attending facts and the
fact that higher Police authority is supervising the case and has
issued necessary directions for further investigation, in my
opinion, the petitioner is not entitled to be given the reliefs as
prayed for in the writ application.
12. Accordingly, the writ application stands dismissed.
(Anil Kumar Sinha, J)
praful/-AFR
AFR/NAFR AFR
CAV DATE 21-09-2023
Uploading Date 30-11-2023
Transmission Date NA