IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54216 of 2007 SURENDRA THAKUR @ SURENDRA SHARMA … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Wasi Ahmad Kha For the State : Shri Dashrath Mehta,APP - - - - 4. 24.10.2008 Perused the letter of the trial court appearing at Flag ‘X’ by which he has sought extension of time for concluding the trial by another period of six months. The learned Judge has stated that the time could be taken in case the Superintendent of Police, Bettiah, and Public Prosecutor, Bettiah, were cooperating the court. The Court does not approve of the approach of the learned Judge inasmuch as the duty of the court is also well recognized in production of witnesses and for that there are provisions in the Cr.P.C. empowering the court to pass some orders for production of the witnesses. One could look to the provision of Section 309 of the Cr.P.C. which provides for imposition of cost for unnecessary adjournment. If the State is not producing the witnesses and seeks adjournment after adjournment in which the accused could be in custody it could never be 2 justifiable stated that the adjournments were in the ends of justice. The learned Judge could not look up to the face of the Additional Public Prosecutor or Public Prosecutor who could be conducting Sessions Trial No. 891 of 2006, rather, identify his own duties and saddle the State with cost which could be realized from the fees of the Public Prosecutor or from the salaries of the officer who are duty bound to producing the witnesses before the court. The learned Judge could also look to Section 170(2) of the Cr.P.C. and the decision of the Supreme Court in Shailendra Kumar Vs.The State of Bihar : A.I.R. 2002 S.C. 270 and issue a notice to the Officer-in-charge of the Police Station concerned to remain physically present with the witnesses and if he does not do it, saddle the State with cost to be realized from the Officer-in-charge of the particular Police Station. I extent the time for conclusion of the trial within six months under an impression that the learned Judge acts as per the direction contained herein. 3 Let a copy of this order be transmitted to the Superintendent of Police as also the District Magistrate concerned. Kanth ( Dharnidhar Jha, J.)