IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.217 of 2009 GAJENDRA DUBEY Versus STATE OF BIHAR & ORS ----------- 03/ 11.09.2009 Heard the learned counsel for the petitioner and the learned counsel for the State. Learned counsel for the petitioner submits that though charge sheet has been submitted against some of the accused, the police was not acting very fairly. Two persons, Dhrub Nath Mishra @ Mintu Singh and Ranjit Jha have been named by two of the injured witnesses in Kazi Mohammadpur P.S. Case No. 214 of 2006 registered under Section 302 and other provisions of the Penal Code. Warrants for their arrest have been issued but instead of arresting them the police has taken a sham recourse to obtaining distress warrants and taking the pretext of have executed the same in a sham compliance. Strong reliance was placed on the reports of the D.I.G., Tirhut Range, Muzaffarpur dated 1.2.2009 and 25.1.2009 at Annexures 1 and 2 observing that the conduct of the Superintendent of Police, Muzaffarpur was not above board. The writ application does not appear to be containing necessary facts with regard to what is urged as the pretext and sham execution of distress warrants when the two named accused were otherwise available. This Court, therefore, finds it difficult in exercise of writ jurisdiction to go into these factual aspects. Even otherwise the views of the Deputy Inspector General of Police, Tirhut Range with regard to the Superintendent of Police are - 2 - administrative matters to be looked into by the Director General of Police himself and corrective action, if required, taken. The appropriate order to be passed, therefore, shall be to direct the petitioner to file a representation before the Director General of Police, Bihar. If the petitioner furnishes details and particulars of the otherwise free movement of the two absconding named accused with regard to whom the police is stated to have executed distress warrants and supports the argument of a sham compliance of the same, this Court requires the Director General of Police to have it investigated appropriately more so in light of the reports of the Deputy Inspector General of Police, Tirhut Range, so that appropriate coercive action under law with regard to the two absconding accused is taken. Since the matter is being referred by this Court to an Officer high in rank as the Director General of Police, this Court hopes and trusts that there shall be no occasion for the petitioner to come back to this Court for the same grievances. The writ application stands disposed off. DKS/ (Navin Sinha, J.)