IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.934 of 2010 LAL BABU RAI SON OF LATE KAMAL RAI, RESIDENT OF VILLAGE BANJARIA, POST OFFICER + POLICE STATION – KATHAIYA, DISTRICT - MUZUFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR GENERAL OF POLICE, BIHAR AT PATNA. 2. THE SUPERINTENDENT OF POLICE, MUZUFFARPUR, DISTRICT – MUZUFFARPUR. 3. THE OFFICER-IN-CHARGE, POLICE STATION KATHAIYA, DISTRICT MUZUFFARPUR. 4. MUTUK SINGH SON OF LATE DEEPAN SINGH @ DEEP NARAIN SINGH RESIDENT OF VILLAGE – BANJARIA, POST OFFICE+ POLICE STATION – KATHAIYA, DISTRICT MUZUFFARPUR. ----------- 05. 14.03.2011 Heard the parties. The grievance of the petitioner is that respondent no. 4 is an accused in Kathaiya P.S. Case No. 3 of 1993 and even though the warrant of arrest was issued against him by order dated 10th of July 1998 passed by the Sub-Divisional Judicial Magistrate, West Muzuffarpur in Trial No. 215 of 1998, but the warrant of arrest is not being executed. It is submitted that the Investigating Officer filed a petition in the court below and stating therein that the warrant of arrest has not been received. Petitioner has also filed an application to the same effect which was registered as Misc. Case No. 12 of 2009, thereupon an order dated 07.12.2009 was passed vide Annexure- 1 series. On perusal of the aforesaid order, it appears that the warrant of arrest was issued. Petitioner has approached the respondent no. 2 by filing a 2 representation as contained in Annexure- 5. Learned counsel appearing for the State opposes the writ application and submits that for the relief prayed for in this writ application it is appropriate to approach the concerned Superintendent of Police in this regard. Considering the submission of the parties, in my opinion, it would be appropriate that, if so advised, petitioner may approach the respondent no. 2 by way of representation stating the relevant details as also copy of the order passed by the Court. In case, petitioner approaches the respondent no. 2 by way of representation, the respondent no. 2 shall take appropriate action in accordance with law expeditiously without unnecessary delay. The writ application stands disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)