IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6890 of 2008 Satyadeo Prasad, Son of Late Nathuni Bhagat @ Nathuni Gope, Resident of Mohalla- Khajanchi Road, P.S. Pirbahore, District- Patna………………………………………………….Petitioner. -Versus- The State of Bihar…………………………………….Opposite Party. ----------- 2. 13.04.2009. Petitioner seeks quashing of the order dated 24.07.2007 passed by Sri Hari Prasad, Judicial Magistrate, Patna, in G.R. No. 2646 of 2002 arising out of Kadamkuan P.S. Case No. 435 of 2002 whereby a petition dated 15.6.2007 filed by the informant has been allowed and the Senior Superintendent of Police, Patna, has been directed by the court to enquire into the conduct of the local police and inform the court as to whether the petitioner has got other movable properties apart from attached properties under Section 83 of the Code of Criminal Procedure for procuring his appearance in the trial, keeping in mind that the local police seems to have played into the hands of the petitioner/accused. Submission of the learned senior counsel appearing for the petitioner is that the petitioner has been co-operating in the trial earlier but since then he is an old case of cardiac problem and has had coronary by-pass grafting surgery a few times. He could not appear in the trial which has led to the passing of the present order. Even now the petitioner is undergoing treatment in Delhi. Looking at his advance age and health condition he is not in a position to move immediately but he submits that he is willing to co-operate with the court below in the matter. - 2 - In so far as the order of the learned Magistrate is concerned, this court does not express its opinion on the same but from what has been indicated therein the Senior Superintendent of Police, Patna, will enquire into the matter especially the conduct of local police. But despite the same, liberty is given to the petitioner to approach the court below with a proper petition and the court below taking into consideration the old age and his physical condition will take sympathetic view in the matter so that life of the petitioner is not jeopardized nor is the process of law. This application is allowed to the extent above. U.K. (Ajay Kumar Tripathi,J)