In Sita Sahu & Anr. vs. The State of Bihar & Ors. (2025), Patna High Court's Division Bench of Justices Suryakant and Joyamalya Bagchi passed a 3-page long order dated August 1, 2025 directing Patna High Court's Registrar General to put up its order before the Chief Justice of the High Court for his information and to enable him to issue necessary instructions to the Court's Registry. The Court directed High Court's Registrar General and Registrar (Judicial) "to scrutinise the writ petition stated to have been filed by the petitioners by tomorrow (02.08.2025) and inform the counsel for the petitioners to cure the defects, if any, by tomorrow 5:00 PM. Thereafter, the writ petition is to be listed as per the roster before a Division Bench of the High Court on 04.08.2025." Sita Sahu et al had filed the case in the Supreme Court on July 28, 2025. It was registered on July 30, 2025 and verified on July 31, 2025. The other eight respondents are: the Principal Secretary, Secretary, Department of Home, Director General of Police, Senior Superintendent of Police, Municipal Commissioner, Prakash Sharma, Rajesh Kumar and Rahul Thakur.
The writ petition was filed in the Supreme Court was under Article 32 of the Constitution of India, seeking a direction for independent enquiry into the conduct of the Police Authorities, who are alleged to have illegally raided the residence of the first petitioner in midnight without any authority of law.
Sita Sahu, the petitioner no.1 is the Mayor of the Patna Municipal Corporation (PMC). It was alleged that the impugned coercive action was an outcome of the difference of opinion between Sita Sahu, the petitioner no.1 –Mayor on one hand and the Municipal Commissioner, who is a bureaucrat, on the other hand. FIR No.207/2025 dated April 5 2025 was registered against Shishir Kumar, the petitioner no.2 by the Deputy Municipal Commissioner, and FIR No.403/2025 dated July 11, 2025 was registered against both the petitioners by one of the Ward Councillors of the PMC. It was claimed that post the registration of these two FIRs, illegal raids were conducted at the residence of the first petitioner on July 12, 2025 and again thereafter. The Police Station Case was registered July 11, 2025.
The aggrieved petitioners had filed a writ petition before the High Court on July 15, 2025, but till date only CR-WJC No.1850/2025 was assigned. It was also alleged that despite mentioning, the Registry of the High Court did not take any step for listing of the writ petition.
Supreme Court observed:"5. Since the controversy has erupted at Patna, where the seat of the High Court is also located, we are of the view that the High Court will be in a better position to initiate swift or prompt action, as may be required in accordance with law. That apart, we would also have the advantage of the High Court’s view point in the event an aggrieved party comes before this Court. 6. Consequently, we decline to entertain this writ petition and dispose of the same with a direction to the Registrar General and Registrar (Judicial) of the High Court of Patna...."
Notably, Sita Sahu et al had filed the case regarding quashing in the High Court on July 15, 2025 against Principal Secretary, Urban Development and Housing Department, Government of Bihar, Secretary, Department of Home, Government of Bihar, Director General of Police, Bihar, Senior Superintendent of Police, Patna, Minicipal Commissioner, Patna Municipal Corporation, Prakash Sharma, D.S.P. (Town), Bihar, Rajesh Kumar, P.S In-Charge Gandhi Maidan Police Station, Bihar and Rahul Thakur, P.S. In-Charge, Alamganj Police Station. The case was registered in the High Court on July 29, 2025. But no judge has been assigned the case so far.
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