IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24490 of 2009 PAPPU MAHTON Versus STATE OF BIHAR ----------- 3/ 27.10.2009 Heard counsel for the parties. On merits of the matter, the renewal prayer is dismissed. One does not know as to when the courts below shall be understanding the implication of writing letters to the officers of the state requesting them to produce the witnesses when there is specific powers under their thumbs to act by issuing notice to the Officer Incharge of the police station in the light of the provision under section 170(2) of the Code of Criminal Procedure as also the decision of the Supreme Court in the case of Shailendra Kumar Vs. The State of Bihar, reported in AIR 2002 Supreme Court 270. This court has repeatedly pointed out the above to the officers manning the court below but still the 6th Additional Sessions Judge, Patna was writing letters to the DIG, Patna, DGP, Bihar and D.I.G., Chapra besides Sr. Superintendent of Police, Patna. We all know that the police is least interested in discharging its statutory obligations. The court is also aware that the police is not even aware of the ordinary provision of Bihar Police Manual; be it a case in investigation or be it a case in trial. The court shall have to take some stringent steps for forcing the police to produce witnesses. One such step could be slapping heavy costs on adjournment against state and direct the realization of the costs from the salary of the police officer who has been directed to produce - 2 - witnesses. The cost could be slapped against a party to a litigation seeking frivolous or unnecessary adjournment in the light of the provisions under section 309 of the Code of Criminal Procedure. It does not say that the provision is applicable only to accused. I believe that the court below acts in the light of the provision and the observation made herein and informs the court about the compliance of the above direction. It was informed that the case is lying before a vacant court. The court believes that the Sessions Judge, Patna takes appropriate steps for transferring the case to a court which is presided over by a Judge. Anil/ (Dharnidhar Jha, J.)