Supreme Court To Hear Bihar Judge's Plea To Quash FIR Over Death Of Home Guard

The Supreme Court today orally remarked that it will hear the parties in a matter where the petitioner, a District & Sessions Court Judge in Bihar, and his wife are accused of killing a home guard deployed in their official residence after he refused to perform the household chores. 

A special leave petition has been filed challenging the order of the Patna High Court dated May 1, 2024, whereby the High Court declined to quash the FIR against the two petitioners.

The FIR was registered in 2022 for the death of home guard Virendra Singh, who was serving Judge Raj Kumar, posted at Khagaria.

As per the facts narrated in the petition, the judge left his official quarter for an early morning walk, and when he returned, he found that the main gate of his official residence was open. The home guard, since deceased, was on duty at the relevant point in time. It has been stated that after the judge asked why the gate was open, the home guard became agitated and abused him, saying that it was not his duty to close the entrance gate of the official residence.

In the course of the altercation, the said home guard pointed his service rifle at the chest of the petitioner and threatened to open fire to kill him. Immediately, the petitioner snatched the rifle away from the possession of the home guard. Thereafter, he informed the matter to the Superintendent of Police, Khagaria over the telephone.

Based on written information received from the judge, the police recorded information of the incident and took charge of the home guard and the service rifle and live cartridges from his possession. An FIR was registered against the home guard. 

However, it is noted that when the home guard was taken to the police station and asked about the incident, he did not reply. He also vomited some red substance. He was immediately taken to the police station, and he died after 14 days. Eventually, the deceased home guard's son registered a complaint stating that his father was forced to perform household work such as sweeping, and cleaning and when he refused, the principal judge and his wife became angry and assaulted him. The son alleged that he got to know about the assault from another home guard.

On August 12, 2024, the Supreme Court stayed further proceedings in this case while issuing notice.

Senior Advocate R Basant, appearing for the judicial officer, submitted that the allegation against the officer and his wife is that they killed a home guard. But the medical report shows otherwise. 

The medical report indicates a slight abrasion on the base of the nose and a slight abrasion on the left middle finger. After this, the guard eventually died on the 14th day in the hospital. Whereas, in the post-mortem report, the cause of death was cerebral anoxia resulting from intracranial haemorrhage. 

It has been submitted that after the injury was caused, the guard was in the custody of the police in connection with an FIR, and any injuries found in the post-mortem could not, therefore, be attributed to the petitioners. 

However, Justice Sundresh noted, "We cannot quash this in entirety. We will hear you."

The Court will hear the matter after 4 weeks.

Case Details: RAJ KUMAR & Another Vs STATE OF BIHAR|SLP(Crl) No. 10358/2024