IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.643 of 2009 GARBHU YADAV … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Manish Rai Sharma For the State: Shri Dashratgh Mehta, APP ----------- 2. 9.1.2009 Heard. The case is under Section 364(A) of the Indian Penal Code and the petitioner is in custody since 2.4.2006. The name of the petitioner appears in the F.I.R. and the participation of the petitioner gets support by the victim also who stated that petitioner, besides, abducting him had kept him in captivity. Considering the allegation and the material, I am not inclined to review my earlier order passed in Cr. Misc. No. 29308 of 2007. The petition is dismissed. The learned trial Judge has examined three witnesses in a period of about a year. I am not at all satisfied with the pace of the trial specially when the matter was directed to be taken up with the 2 Superintendent of Police, Bettiah, West Champaran, who could have ensured the production of the witnesses. The reason is obvious from the very order passed by the Fast Track Court No. 5, Bettiah. The Judge was writing a letter to the Superintendent of Police Bettiah, attaching a list of witnesses and warrant of arrest non-bailable. One does not appreciate the action of the Judges of the lower courts who instead of issuing notices to the Officer-in-charge of the Police Stations concerned, were writing letters to the Superintendents of Police and they were not corresponding to them. An Officer in the Rank of Superintendent of Police or Officer-in-charge of the Police Station, owes a duty to the court for assisting it in production of the witnesses and the court could do it by drawing up an appropriate order and further by sending a copy of the order to the Officer-in-charge of the concerned Police Station seeking compliance of the order. Failure on the part of any of the Officers could result into initiation of any appropriate action as per 3 law. I could direct the learned Judge, Fast Track Court No.5, Bettiah, to keep these things in his mind and issue a notice to the Officer-in-charge, of Kangli Police Station requiring him to remain physically present on all dates with the witnesses for their examination. If the Officer-in-charge disobeys the orders of the court then he could draw up a proceeding and he could refer the matter to this Court also because ultimately the court could be translating into action the direction of this Court. Kanth ( Dharnidhar Jha,, J.)