IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42852 of 2009
JIWRATAN YADAV @ JEORATAN YADAV
Versus
STATE OF BIHAR
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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
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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.)