IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13873 of 2008 PRAMOD KUMAR GAUTAM Versus THE STATE OF BIHAR ----------- 6. 11.9.2008 Heard. The petition has come up under the heading ‘to be mentioned’ merely because of the order dated 22.8.2008 of this court directing placing of the matter along with the report of the Superintendent of Police, Gaya before the Hon’ble the Chief Justice so as to ensuring that no carbon copy of the case diary received by the office of the Court, is held up unnecessarily. The office has furnished a full-fledged and detailed report as appears at flag ‘P’ along with a full-fledged note of Deputy Registrar-I of the Criminal Section of the Court. It appears that the copy of the case diary which was received in connection with Cr.Misc.Petition No.23031 of 2007 was returned back by Court’s Memo no.11167R/2007 dated 19.2.2007 and the same was delivered and received by the office of the Dy.S.P. (Headquarter) Gaya on 5.3.2008. Similarly, the other copy of Belaganj P.S.Case No.57 of 1999 which was called for in Cr.Misc.No.12727 of 2008 was received in the - 2 - office of the Deputy Superintendent of Police, Headquarter-II on 21.8.2008. Likewise, the third copy of the case diary of the above noted case was received by the same office Dy.S.P. (Headquarters) on 21.8.2008 and the 4th copy which was received in connection with the present petition was sent to the office of the Superintendent of Police,Gaya and received there on 8.9.2008. The receipts were obtained by the Registrar, Civil Court,Gaya and the photo copies of the same have been obtained by the office of the court from the Judgeship of Gaya. This court drew up an order in the light of the veiled complaint of the Superintendent of Police, Gaya while forwarding the 4th copy of the case diary along with his explanation which appears at flag ‘X’ in which statement was made that the last and 4th copy of the case diary was being forwarded to the High Court as other copies which were forwarded to the High Court in compliance of different orders had not been received back. The Superintendent of Police, Gaya made the above statement in paragraph 5 of his explanation, this statement appears completely erroneous and misleading and against - 3 - the state of facts. The Superintendent of Police,Gaya appears making a complaint which could not have been made in view of the facts that the copy of the diaries were duly forwarded and sent back through the Civil Court, Gaya and those were received by the Dy.S.P. Headquarters, Gaya. The Court is worried on the statement which appears in paragraph 5 of the explanation of the Superintendent of Police that such a responsible officer was not checking out the facts and making a frivolous complaint to this Court. This court would simply advise the S.P.,Gaya to be cautious in making irresponsible statement which is against the record and real state of affairs. The office need not place the file and matter before the Hon’ble the Chief Justice and would merely forward the copy of the present order to the District Judge, Gaya who in turn, shall forward it to the Superintendent of Police, Gaya for information. B.Kr. ( Dharnidhar Jha, J. )