IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.4358 of 2010
HARENDRA RAUT
Versus
STATE OF BIHAR
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3. 23.2.2011 Perused the letter no. 940 dated 29th of December,
2010 submitted by Ist Additional Sessions Judge, West
Champaran, Bettiah in connection with the Court’s order No. 2
dated 5.5.2010 by which a direction was issued to the
Superintendent of Police, West Champaran, Bettiah for taking
proper steps for production of the two police Officers, namely,
S.I. Ramanugrah Singh and S.I. Lakhichand Ram, who had
investigated Nautan P. S.Case No. 50 of 2005, before the trial
court for evidence. The report of the learned trial Judge indicates
that after communication of the order of this Court to the
Superintendent of Police, West Chaamparan, Bettiah, he had
issued a direction requesting his counterpart of Saran at Chapra
as also the Police Special Branch, Patna but the above named
officers have not appeared for their evidence in the court below.
The helplessness of the trial Judge appears from this fact also
that the learned trial Judge has also issued letter no. 832 dated
26.11.2010 to the Director General of Police, Bihar, Patna for
proper actions on account of non-attendance of the two
witnesses for giving evidence.
Let notices go to Superintendent of Police, Saran
at Chapra as also the In-Charge Police Special Branch, Patna as
to show cause as to why they have ignored attendance of court’s
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proceedings by not ensuring production of S.I. Ramanugrah
Singh and S.I. Lakhichand Ram who are posted under their
respective jurisdictions for their evidence in Sessions Trial NO.
21 of 2005 arising out of Nautan P.S.Case No. 50 of 2005 and
why this Court should not treat it as an act of disobedience of the
orders of this Court and initiate a contempt proceeding against
them.
Rule is made returnable in three weeks’ time.
Let a report be also sent for from the learned
Judge who could be seized with the trial of the above noted case
as to whether the above witnesses turned up for their evidence.
The petition be listed on receipt of the report and
the report of service of notices.
Kanth ( Dharnidhar Jha, J.)