IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1192 of 2008 BIRENDRA KUMAR RAI son of late Tarni Prasad Rai, Resident of Mohalla Nandan Singh Tola, Ward No. 9, SAharsa SAdar, P.S. & Dist. Saharsa ……..Petitioner Versus 1. STATE OF BIHAR through the Secretary, Department of Home, Bihar, patna. 2.The Director Genedral of Police, Bihar, Patna. 3. The Inspector General of Police, Darbhanga. 4.The Deputy Inspector General of Police, Saharsa. 5.The Distridct Magistrate Saharsa, 6.The Superintendent of Police, Saharsa. 7.The Deputy Superintendent of Policed, Saharsa 8.The officer-incharge,Saharsa Sadar P.S. Dist. SAharsa. 9.A.P. Singh @ Mohabia son of late Janardan Singh, resident of village Korai, P.S. Konch, Dist. Gaya. The Erstwhile A.S.I. of Saharsa P.S. and presently posted as A.S.I., O.P. Tilkeshwar, Dist. Darbhanga. …..Respondents. ----------- 3 18.4.2009 This is unfortunate case where the police has shown inaction in producing the accused in a complaint case No. 128C/1996 registered under sections 313, 315, 452 and 323 of the Indian Penal Code. It is submitted on behalf of the petitioner that the case was committed to the court of session and warrant of arrested was issued against accused but the accused has not been arrested/apprehended so far A counter affidavit has been filed on behalf of the respondents stating therein that respondent no.9 has been transferred from Saharsa to Darbhanga and the S.P. Darbhanga has been requested to arrest the accused. It appears that warrant of arrest was issued to by the Sessions Court when he was in service Merely because he retired subsequently is not a justification for the police not to arrest the accused particularly when he was working in the police department. He - 2 - was not arrested as yet whereas the accused was working in the different police station. It was incumbent upon the police to arrest him but it appears that instead of arresting him a police officer is giving protection to another police. In the aforesaid circumstances I direct the Director General of Police, Bihar Patna to see that the accused is arrested and appropriate proceeding should be initiated under law against the investigating officer and the other officers if found guilty for protecting the accused. Expeditious steps be taken for apprehending the accused and a report should be filed before the Sessions Court where the case is pending within two months from today regarding the action he has taken already. The Director General of Police shall himself file a statement before the Sessions Court. This application is disposed of with the above directions Let a copy of this order be handed over to the Public Prosecutor for sending the same immediately to the Director General of Police. (J.B. Koshy, CJ) Rahman/