IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45784 of 2009 RADHE @ RANDHIR CHAUHAN Versus THE STATE OF BIHAR ----------- 3. 7.4.2010. Heard Sri Durga Nand Jha, learned counsel for the petitioner and the learned A.P.P. for the State. Earlier order dated 29.7.2009 passed in Cr.Misc.Petition No.15407 of 2008(Annexure-1) details the facts of the case. The contention is not on merits of the matter except that some witnesses who have been examined turned hostile and that 15 dates were granted to the prosecution for production of the informant as a witness before the learned trial Judge. It was also informed that the doctor who held postmortem examination and the investigating officer of the case are also to be examined. It is very difficult for the High Court to ensure the production of witnesses before the trial court as the duties are primarily of the learned trial Judge to take steps for enforcing the production of witnesses before him. It is being observed that the learned trial Judges are more interested in granting adjournments on fictitious reasons than taking some meaningful - 2 - steps and this could be the reason that 15 adjournments were granted and still the informant eludes the police from being produced before the court. I direct the Superintendent of Police, Nawada to depute a police officer specially for arresting the informant of the case, namely, Jaggu Chauhan who is required to give his evidence in Sessions Trial No.307 of 2009/110 of 2009 arising out of Nawada Town P.S.Case No.374 of 2007 within a month of receipt of the present order. The Superintendent of Police, Nawada shall also ensure that the investigating officer of the case, i.e., A.S.I. Rajkumar Paswan who was posted in Nawada town police station on 18.2.2008 is also produced before the court below for his evidence. He shall contact the Civil Surgeon, Nawada to know the whereabouts of Dr. Prabhakar Singh who was posted in Sadar Hospital, Nawada on 18.2.2008 and to ensure that he is produced before the court below for his evidence. Further dirction is that the Superintendent of Police, Nawada shall pass orders stopping the salaries of A.S.I. Rajkumar Paswan and Dr. Prabhakar Singh which shall be deemed passed by this court if - 3 - till they produce before their superior controlling officers the certificate granted by the trial court that they had appeared for their evidence and had deposed in the above noted case. It is believed that the informant is produced in the court below within the period as set down by this court, else the court could initiate proceeding against Superintendent of Police, Nawada. As regards the trial Judge, the court wants to point out to him that the above were not the business of this court. Noting that the Judge is completely inefficient and thoroughly incompetent that this court had to step-in in the shoes of the trial Judge. It was fit case in which a record could be made in his personal records about his inefficiency but assuming that he could be new to the job, the court takes a magnanimous view and pardons him in expectation that henceforth he does not give any moment of anxiety to the High Court. The petition is dismissed with the above directions. B.Kr. ( Dharnidhar Jha, J. )