High Court Patna High Court - Orders

Bilo Choudhary vs State Of Bihar on 19 January, 2011

Patna High Court – Orders
Bilo Choudhary vs State Of Bihar on 19 January, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.25870 of 2010
                              JOGI CHOUDHARY @ JOGI .
                                            Versus
                                    STATE OF BIHAR .
                                              with
                                Cr.Misc. No.24247 of 2010
                                   BILO CHOUDHARY .
                                            Versus
                                    STATE OF BIHAR .
                                          -----------

4 19.1.2011 These two applications were heard on 21.7.2010 when

criminal antecedent reports were called for from Superintendent of

Police, Khagaria and is at flag ‘A’. Thereafter the cases were taken up

on 10.11.2010 .

Learned Additional Sessions Judge had attributed the delay

in the trial because of non examination of the investigating officer. This

Court then required the Superintendent of Police to explain why the

investigating officer was not appearing in Court inspite of repeated

summons. In order dated 10.11.2010 it is noted that to call for an

explanation from the Superintendent of Police, Banka even though the

case is of Khagaria . The reason was that the investigating officer , who

investigated Khagaria (Morkahi) P.S.Case no.50 of 2008 has now been

transferred to Banka. Two reminders have been sent by the Court to the

Superintendent of Police, Banka without any response.

Learned counsel for the petitioner states that summons

were issued to the investigating officer through Director General of

Police, Bihar, Patna, but there has been no response. The trial is

unnecessarily being delayed and officers are not responding to
-2-

summons issued by the Court.

Let Registry send a copy of this order with previous orders,

a copy of the letter sent to the Superintendent of Police, Banka and copy

of reminders to the learned Director General of Police, Patna asking

him to explain the situation within a fortnight from the date of receipt of

a copy of this order.

Put up on 9.2.2011 under the same heading.

singh                     (Navaniti Prasad Singh,J)