The absence of evidence and failure to provide an opportunity for defense render adverse remarks in a human rights commission's order invalid, emphasizing fair procedural practices in legal proceedings.

JUDGMENT :

Chandra Shekhar Jha, J.

Heard Mr. Rana Vikram Singh, learned counsel appearing for the petitioner and Md. Anzarul Haque, learned APP for the State duly assisted by Mr. Subhash Patel, learned counsel appearing for O.P. No.2.

2. The present application has been filed under Section 482 of the Code of Criminal Procedure (in short ‘CrPC’) to issue appropriate direction to the Investigating Officer of Phulwarisharif P.S. Case No.5117070240487 of 2024 dated 01.04.2024 registered under Sections 302 and 120-B of the Indian Penal Code (in short ‘IPC’) to conduct just, proper and scientific investigation in order to save the petitioner from being falsely implicated as also to expunge the adverse remarks as contained in report-cum-order dated 20.06.2024 in Case No.2215/4/26/2024-AD as passed by Bihar State Human Rights Commission, as it may cause serious disadvantage to career prospects of the petitioner. The petitioner further prayed that the recommendation made by Bihar State Human Rights Commission for initiation of contempt proceedings be set aside/quashed.

3. The case of prosecution is based on the written report of one Shriram/O.P. No.2 stating therein that his brother-in-law, namely, Shriram Singh has registered an FIR against his son, namely, Jitesh Kumar and others and his son Jitesh Kumar had filed an anticipatory bail petition which is still pending for adjudication. It is further alleged that on 31.03.2024, son of informant was sitting at Bans ghat along with his friend Mukesh Kumar, then police personnel of Phulwarisharif Police Station came and took Jitesh Kumar to office-cum-residence of S.D.P.O., Phulwarisharif, where another friend of his son namely, Rahul Kumar was present. It is further alleged that the police took Jitesh Kumar in another room and started beating him brutally, upon which, Jitesh Kumar started screaming. Thereafter, the police hit Mukesh Kumar and Rahul Kumar in the room of Jitesh Kumar also, where Jitesh Kumar was lying and was crying due to pain and he had vomited also. After sometime, Jitesh Kumar became unconscious and police took Jitesh Kumar to AIIMS Hospital in haste, where Jitesh Kumar was found brought dead. Thereafter, the police took Jitesh Kumar in car and then Rahul Kumar informed the son of informant, namely, Nitesh Kumar that police have killed Jitesh Kumar by beating him and taking his body from here to there. It is further alleged that the informant was informed by Rajeev Nagar Police Station in the morning that his son is admitted in P.M.C.H. and upon reaching at P.M.C.H., the son of informant was found dead and he had bruises all over his body. It is also alleged that Surendra Singh and Sandesh Kumar had threatened that they will kill his son and both have killed his son in connivance with police.

4. On the basis of aforesaid written complaint, Phulwarisharif P.S. Case No. 5117070240487 of 2024 dated 01.04.2024 was registered under Sections 302 and 120-B of the IPC.

5. It is relevant to mention that prior to registration of aforesaid FIR, Bihar Human Rights Commission, Patna had initiated an enquiry suo motu on the basis of newspaper report vide Case No.2215/4/26/2024-AD.

6. After completion of inquiry, the Bihar Human Rights Commission submitted its report-cum-order vide order dated 20.06.2024, whereby several recommendations have been made inter alia for issuance of contempt proceedings against the incumbent of the post of Senior Superintendent of Police, Patna as on 3