IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34120 of 2009 BACHCHU SINGH Versus STATE OF BIHAR ----------- 2. 18.11.2009 Heard Shri Tej Narayan Singh, learned counsel for the petitioner and Shri Dashrath Mehta, learned A.P.P. Learned counsel for the petitioner attempted to agitate some facts upon which this Court had recorded its earlier finding, but, the Court does not permit him to do that. Shri Singh contended thereafter that in spite of charges being framed and notices being issued to all the official witnesses and public witnesses no one is turning up for evidence. The learned trial Judge, who is presiding Fast Track Court No. 5, Nalanda at Biharsharif, is quite aware of the provision under Section 309 of the Cr. P.C. which provides for imposition of appropriate costs for seeking frivolous adjournments. I direct the learned Judge to act accordingly and the Court believes he does that and he should issue a notice putting therein the names of the witnesses to be produced before him to the Officer-in-charge of the Police Station by which the case had been investigated into 2 and direct the Officer-in-charge to remain physically present in court on all dates of hearing with the witnesses. The learned Judge could do it in the light of the provision under Section 170(2) Cr. P.C. as also the judgment of the Supreme Court in Shailendra Kumar Vs. State of Bihar reported in A.I.R. 2002 S.C. 270. The learned Judge, to my knowledge, is a sensitive Judge and I believe he will leave no strings unpulled to ensure the production of the witnesses or he shall act as per law as indicated above. If turn comes for examination of the official witnesses and they do not turn up for their evidence in spite of his best efforts to get them produced before him, then, he may direct the concerned controlling Officer of the official witnesses to stop their salary and to relieve them for joining court for their evidence and not pay the salary to them till a certificate signed by him that they have deposed in the trial is produced. With the above direction, the petition is dismissed. Kanth ( Dharnidhar Jha, J.)