IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51507 of 2008 BIRENDRA YADAV son of late Basir Yadav alias Prasidh Yadav, resident of village Pora, P.S. Chenari, District Rohtas … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Raghunandan Kr. Singh For the State: Dr. Indivar Kumari,APP ----------- 3. 16.2.2009 Heard. Regard being had to the explanations that the witnesses have now been examined, the Court finds it advisable to act upon the cause shown by the Officers and discharge the rule against them. But, that could not be the end of the matter. It hardly requires to be pointed out to any one in the Police Department as to what could be the importance of producing the witnesses in a trial and in the conviction. The law and order situation could be brought under control with tremendous effect by production of witnesses and ensuring quick delivery of justice to the accused who are found committing any offence, specially, serious offence. My experience of being a Judge in the lower court tells me that getting the conviction recorded against 2 the person accused of committing serious offence is more meaningful than using third degree method or of getting him remanded in a number of cases. The Superintendent of Police, Rohtas, is present in the Court and this order is being dictated in his presence and the Court understands that he fully grasps the importance of the observation of this Court. It is not that the Officer was not knowing it. He must fully be trained to deal with the situation of non-production of witnesses. I could simply advise him to pull his sock a bit up and ensure that the witnesses are regularly produced before the trial courts in various trials, specially, in which the accused persons are in custody. That could have its own effect on law and order situation and for ensuring tranquility in the society. As indicated above, the rule is discharged. The lower court could not proceed further in the matter except proceeding with the prosecution of the accused and delivering 3 the judgment at the earliest. Let a copy of this order be handed over to Smt.( Dr.) Indivar Kumari, learned Additional Public Prosecutor for passing the same on to the Superintendent of Police, Rohtas as also to the Director General of Police, Bihar, Patna. Kanth (Dharnidhar Jha, J.)