IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2871 of 2009 RAM UDGAR PASWAN son of Kusheshwar Paswan, resident of village Pali Mohan P.S. Khajauli, District Madhubani … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner:Shri Ashwani Kr. No.1 For the State:Shri Dashrath Mehta, APP ----------- 2. 22.1.2009 Heard. The renewal prayer is on the ground that in spite of charges being framed on 2.6.2008 no witness has turned up in the case. Earlier the prayer of the petitioner was dismissed by Annexure-1 in the light of the fact that the petitioner was alleged to be the assailant of the deceased and some of the witnesses had also supported the fact. As regards the non-production of the witnesses the order sheet annexed by the petitioner to the present petition indicates that the Fast Track Court-4, Madhubani, has taken steps for production of the witnesses by issuing different processes including the warrant of arrest non-bailable. However, it could be pertinent to point out to the learned Judge to look to the provision of Section 170(2) of the Cr. P.C. as also consider the decision of 2 the Supreme Court in Shailendra Kumar Vs. State of Bihar: A.I.R. 2002 S.C. 270 and issue a notice to the officer-in-charge of Khajauli(Kaluahi) Police Station for production of the witnesses appending the names of the witnesses in the notice. The Court could direct the Officer-in-charge to remain physically present in the court on all dates with the witnesses. A copy of the notice has to be sent to the Superintendent of Police, Madhubani. In case no witness is produced, the court could consult the provision of Section 309 Cr. P.C. and slap an appropriate cost upon the prosecution which could be directed to be realized from the Officer-in-charge of the above noted Police Station from his salary. The court could examined the relevant provision of the I.P.C. for filing a the prosecution against the Officer-in-charge of the Policed Station. The petition is dismissed with the above direction. Kanth ( Dharnidhar Jha, J.