High Court Patna High Court - Orders

Jiwratan Yadav @ Jeoratan Yadav vs State Of Bihar on 24 November, 2010

Patna High Court – Orders
Jiwratan Yadav @ Jeoratan Yadav vs State Of Bihar on 24 November, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr.Misc. No.42852 of 2009
                      JIWRATAN YADAV @ JEORATAN YADAV
                                   Versus
                               STATE OF BIHAR
                                -----------

8. 24/11/2010 Perused the office note dated 19.11.2010.

Office has placed a letter of the S.P., Bhojpur

at Ara, contained in Memo No.157/LC dated

15.11.2010, addressed to the Assistant

Registrar of the High Court, in which he has

claimed that the order dated 19.5.2010 passed

in this case and communicated to him vide

Court’s letter no.14967 dated 17.6.2010, ‘does

not appear to have been received’ in his

office. Therefore, he has asked for a copy of

the said order. Office points out that a copy

of the said order had been faxed to him.

This Court by order dated 19.5.2010 had

asked the S.P., Bhojpur at Ara to submit a

report as to why, inspite of issue of non-

bailable warrant of arrest by the trial court

for production of witnesses, the same was not

being executed and witnesses were not being

produced. Since then, report has not been

submitted. Therefore, by order dated 27.10.2010

this Court had directed the S.P., Bhojpur at

Ara to appear in person in the Court on 10th

November, 2010 and to show cause as to why a
2

contempt proceeding may not be initiated

against him and he may not be punished for

disobedience of the orders of this Court.

Office reports that this order was faxed

directly to the S.P., Bhojpur at Ara on

8.11.2010.

Inspite of the said order, S.P., Bhojpur

at Ara has not appeared in Court in this case.

The communication of the S.P., Bhojpur at Ara

kept at Flag-R does not mention that this order

was also not received by him. It is apparent

that the S.P., Bhojpur at Ara is taking up the

matter too casually and has not shown any

concern to comply with the order dated

27.10.2010 which he does not deny to have

received.

Let a bailable warrant of arrest be

issued against S.P., Bhojpur at Ara to ensure

his appearance in this case on 8th December,

2010. The bailable warrant shall be

communicated to the office of the Director

General of Police, who shall be responsible for

its execution.

List this case on 8th December, 2010 as a

first case.

Pradeep/                              ( J. N. Singh,J.)