IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.421 of 2009 PRAMOD MISHRA Versus STATE OF BIHAR & ORS ----------- 4 3.11.2010 In the instant writ petition, the petitioner prays for a direction to the respondent authorities to comply with the order dated 14.1.2009 passed by the Chief Judicial Magistrate, Aurangabad in Madanpur P.S. Case No.74 of 1987 by which he has directed for issuance of production warrant to the Jail Superintendent, Central Jail, Buxar through the Superintendent of Jail, Aurangabad to produce the petitioner in a case for remand. Learned State counsel submits that the petitioner was transferred to the Buxar Jail on administrative ground on account of his criminal intent. It goes without saying that an accused has right to pray for issuance of production warrant for purposes of remand in a case in which application is well founded against him. The non- production of the concerned accused would amount to denial of his right under section 428 Cr.P.C. of set off. The Jail Superintendent, Central Jail, Buxar as well as District Administration, Buxar will take all possible measures for production of the petitioner before the Chief Judicial Magistrate, Aurangabad for the limited purposes of remand in Madanpur P.S. Case No.74 of 1987. 2 KHAN This court cannot overlook the other aspect that on account of non-production of the petitioner, the disposal of Madanpur P.S. Case No.74 of 1987 would get delayed. It has to be kept in mind that the aforesaid case is of the year 1987 and needs to be disposed of expeditiously. Both the District Adminstration of Buxar and Aurangabad will cooperate for early disposal of the case. With the aforesaid observations and directions, this writ application stands disposed of. Let a copy of this order be communicated to the Superintendent of Police, Buxar, the Jail Superintendent, Central Jail, Buxar and the Jail Superintendent, Aurangabad. (S.P.Singh,J)