JUDGMENT :

1. This writ application has been preferred seeking issuance of a writ in the nature of a writ of mandamus or any other appropriate writ/order/direction to the respondent authorities to take immediate steps to protect the life of the petitioner and his family. Further prayer has been made to direct the respondent authorities to drive out the anti-social elements who have forcibly entered into the office premises of the petitioner who is an Advocate practising at Samastipur Bar. The petitioner prays that his possession be also restored.

Brief facts of the case

2. It is the case of the petitioner that he is a senior lawyer, aged about 78 years practising in the Samastipur Civil Court. His residence and office are on contiguous piece of land measuring around 4 kathas containing different plots situated in ward no. 12 at Samastipur. According to the petitioner, his residence is situated at new holding no. 187 (old 169) bearing new plot no. 109, 109k (old plot no. 153 and 154). His office as lawyers’ chamber is situated at new holding no. 185 (old no. 167), bearing new plot no. 115 (old plot no. 152) and new plot no. 117 (old plot no. 152). The petitioner claims to have purchased these plots during the year 1955 and 1965. It is stated that he is in possession of his residential house and the chambers for two generations. It is a valuable property situated only three buildings after the Civil Court compound at Samastipur. The police station is said to be situated at 200 meters arena.

3. According to the petitioner, the alleged occurrence took place on 09.06.2020 at 06:00 A.M. When the respondent no. 8, namely, Pramodanand Prasad along with about 50 other unnamed accused armed with pistols, hammers, iron rod etc. forcibly entered the house of the petitioner. They broke open the four locks of the two shutters on the Southern end and entered the petitioner’s office/chamber. They allegedly tore of all the clients briefs, files, law journals etc. and threw them out in the residential office campus. They also broke the table, chairs, almirah and a trunk and threw them outside the campus. They also uprooted 8 CCTV cameras.

4. It is further alleged that the accused entered the residential quarters of the petitioner, brutally assaulted the lawyer’s wife, son, daughters, son-in-law using sticks and pistol’s butt. They destroyed the hard disk attached to the CCTV cameras, smashed LED TV and a dish antenna. They uprooted the electric meter bearing consumer no. 401297398/SM/T-2/SVR which was in the name of the petitioner. They also looted away some jewelry and cash worth Rs.1,75,000/-

5. It is stated that the petitioner’s daughter who has graduated in law somehow ran to the police station, narrated the entire incident but the police refused to even hear the petitioner’s daughter and told her to get away otherwise she would be locked up in the Hazat of Mahilla Police Station. The petitioner states that he was somehow able to come out of his house and went to the police station but instead of taking action, the police abused him and asked the petitioner to first submit a written complaint. The petitioner though submitted a written complaint, by that time the accused persons had fled away after inflicting maximum damage to his property.

6. It is stated that the petitioner then pulled down the shutter of his office and put his own locks on them, thereafter in the evening at 06:45 P.M. police personnel came over there in two vans and asked the petitioner to open the locks of his chambers/office in order to enable the police to put their own locks. This was, though resisted by the petitioner and his family but under duress of the police personnel they had to relent and then police personnel put their own locks. The keys were kept with the police station and were not handed over to the petitioner despite repeated request. It is stated that in the meantime, the complaint of the petitioner was registered as Samastipur Nagar P.S. Case No. 102 of 2020