IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.14409 OF 2010 WITH CR.MISC. NO.14407 OF 2010 CHANDRA SHEKHAR SINGH, SON OF LATE KISHORI SINGH, RESIDENT OF VILLAGE KEMARA, POLICE STATION ARIARI, DISTRICT SHEIKHPURA VERSUS 1. THE STATE OF BIHAR 2. SHRAWAN KUMAR SINGH, SON OF LATE KAMLESHWARI PRASAD SINGH, VILLAGE KEMARA, POLICE STATION ARIYARI, DISTRICT SHEIKHPURA ********* FOR THE PETITIONER :- MR. ARUN KUMAR, ADVOCATE MR. BIPIN KUMAR, ADVOCATE FOR O.P. NO. 2 :- MR. ABHAY KUMAR SINGH, ADVOCATE MR. BHARAT BHUSHAN, ADVOCATE FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P. ************* 3 06/01/2011 Heard Counsel for the petitioner, the informant and the A.P.P. appearing on behalf of the State. These applications have been filed challenging the orders dated 25.03.2010 and 10.11.2009 passed by the Additional Sessions Judge, Fast Track Court No. III, Sheikhpura in S.C. No. 937 of 2005 arising out of Ariari Police Station Case No. 65 of 2000. The short question in this case is whether the prosecution ought to examine the Investigating Officer who had submitted the charge sheet in the case? It is submitted and agreed between the parties that two Investigating Officers had conducted investigation of the case. The prosecution has not issued notice during the trial to Sachidanand Singh, the 2 Investigating Officer who had submitted the charge sheet. (the order being passed on the presumption that Sachidanand Singh is the Investigating Officer who had submitted the charge sheet). It is incumbent on the Court conducting the trial to at least issue notice and summons to the Investigating Officer of this case who had actually conducted the investigation and submitted case diary and merely issuing summons to the S.I. of Police, who had initially conducted the case is not sufficient. There is no bar that both can be examined, but certainly the Officer who has conducted the investigation is an essential witness, and should be produced by the prosecution before the Trial Court. I, therefore, direct the Trial Court to issue notice to the S.I. of Police Sachidanand Singh and the prosecution should produce him as witness as expeditiously as possible. In case, the whereabouts of Sachidanand Singh are not known or that he had retired or died, then obviously, appropriate orders should be passed by the Court on receiving such information. The Trial Court is directed to send a copy of this order to the Superintendent of Police, Sheikhpura for ensuring the attendance of Sachidanand Singh, S.I. of Police, who was posted in Ariari Police Station in the year 3 2000, as there has already been a great delay in the trial of this case due to non-prosecution of witnesses. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )