IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16687 of 2009 SUBEDAR SINGH YADAV Versus STATE OF BIHAR ----------- 2. 31.7.2009 Heard. Regard being had to the facts and circumstances noticed in my earlier order contained in Annexure-1, I am not inclined to review the same. The petition is dismissed. However, it is a case of solitary blow and the deceased appears dying 14 days after the incident but the prosecution appears not producing the witnesses. The contention is that the prosecution produced only one witness so as to answering the question of non-production of the witnesses. It is contended that after 20.3.2009 again the prosecution could not produce any witness. I would like to impress upon the learned Judge who appears hearing Sessions Trial No.649 of 2008 to view non-production of the witnesses with all seriousness it 2 deserves. The learned Judge is aware that the imposition of cost for seeking adjournment is within the powers of his and those have to be utilized against the parties to the proceedings for non-production of the witnesses and seeking adjournment after adjournment. The Court trusts that the learned Judge shall consult Section 309(2) of the Cr.P.C. and impose appropriate cost upon the state which could be realiasable from the salary of the Officer-in-charge of the Police Station which had investigated the case. However, before passing such an order, the learned Judge may issue notice to the Officer-in-charge of the concerned Police Station which investigated the case, with a copy to the Superintendent of Police, Bhojpur, at Ara directing them to produce the chargesheeted witnesses on the dates to be chosen by the learned trial Judge as directed to be done by the Supreme Court in the case of Shailendra Kumar Vs. The State of Bihar: A.I.R. 2002 S.C. 270 and in case the Officer- in-charge does not assist the court in producing the witnesses on day-to-day basis 3 then he will be acting under section 309(2) Cr. P,C. Let a copy of this order be transmitted to the Superintendent of Police, Bhojpur at Ara for information. Kanth ( Dharnidhar Jha, J.)