IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25760 of 2011 Mahendra Singh Versus The State Of Bihar ----------- 3/ 24.8.2011 The petition seeking modification in the earlier order passed on 11.5.2011 has been filed by the father of the deceased. The prayer is that in the light of the above order passed by this Court in Cr. Misc. No. 40024 of 2010, the prosecution evidence has been closed and the trial was likely to be concluded without examining some of the witnesses against whom the trial court has issued summons as may appear from order dated 30.5.2011 passed in the relevant S.T. No. 358 of 2007. A supplementary affidavit has been filed for bringing on record, inter alia, order dated 30.5.2011, which indicates that the learned trial judge had directed issuance of summons against Dr. Hari Prasad, Dr. N.K. Vidyarthi, Dr. U.P. Verma of Sadar Hospital, Hajipur for their evidence through Civil Surgeon-cum-Chief Medical Officer, Vaishali at Hajipur as also against S.I. Chandra Shekhar Gupta, S.I. Vyas Ram, SI Vinod Peter and SI Arun Kumar as per details contained in that order. It is submitted by Shri Subodh Kumar Jha, learned counsel appearing for the other side that S.I. Chandra Shekhar Gupta has been examined as P.W. 2 and Dr. Hari Prasad as P.W. 11. In fact, I find from the order dated 30.5.2011 that Dr. Hari Prasad Gupta deposed on that particular day and he was discharged after his 2 evidence was recorded. So far as the other witnesses named in that particular order is concerned, this Court feels that necessity of taking the evidence of those doctors/Sub Inspector of Police must have been considered by the court below after hearing both the sides and it was only then that the court was directing the issuance of summons against those doctors or police officers. In that view, this Court cannot substitute the satisfaction of the trial court as regards the examination of witnesses necessary for just decision of the case and has to leave the order dated 30.5.2011 undisturbed. Contention on behalf of the petitioner Mahendra Singh, the father of the deceased, is that unless those witnesses are examined, substantial justice shall be suffering. It appears from the above noted order dated 30.5.2011 as if the police officers were posted in Hajipur itself and they could be available easily for evidence. In case they have been transferred and posted in some other stations, then the Superintendent of Police, Vaishali shall ensure that the police officials are produced on two consecutive dates for their evidence and the court below leaving aside all other judicial works assigned to it, shall proceed to examine those witnesses and conclude the recording of their deposition. Likewise, the Civil Surgeon-cum-Chief Medical Officer, Hajipur/Superintendent of Police, Vaishali shall ensure the production of Dr. N.K Vidyarthi and Dr. U.P. Verma who were summoned by the above noted order dated 30.5.2011 on one single 3 date so that the court below proceeds to record their evidence. At any rate, the court below shall have to conclude the trial of S.T. No. 358 of 2007 within a period of sixty working days on a day to day basis by delivering the judgment. No unnecessary adjournment shall be granted and if any delay is made by any of the sides, that shall be dealt with heavy hands as per the provisions of law. The period of sixty working days shall be counted from the week next in which copy of present order is either received by the court below or produced before it by either of the parties. Let copies of the present order be transmitted to the Superintendent of Police, Vaishali and Civil Surgeon-cum-Chief Medical Officer, Vaishali, Hajipur for compliance. In case the order is not complied in letter and spirit, then both the officers, i.e., Superintendent of Police, Vaishali and Civil Surgeon-cum-Chief Medical Officer, Vaishali, Hajipur shall be held in contempt proceedings by this Court. Anil/ ( Dharnidhar Jha, J.)