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2004 DIGILAW 666 (PAT)

State Of Bihar v. Officers Incharge Of Sahpur P. S.

2004-07-09

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2004
Judgment 1. The District Judge has sent details of case in which notice and show cause were issued against the police officials and they would not attend court. Otherwise, the court takes this situation very seriously as to why trials are delayed. In the present case there were three trials before the Sessions Court. The Sessions Trial No. 396 of 2003 under section 364A I.P.C., Sessions Trial No. 121 of 2000 under sections 328/379 I.P.C. and Sessions Trial No. 34 of 2001 under sections 376/114 I.P.C. Non-execution of warrant of arrest was a matter on which the court below was seeking a report. Notices were issued to the officers-in-charge concerned as to why they would not appear before the Sessions Court. This is a contempt. The four officers who have been named are Sunil Paswan, Officer-in-lncharge, Sahpur Police Station, Sudhir Sumin, Officer-in-Charge, Agiaon Bazar, Tutu Ram Officer-in-Charge, Udwant Nagar Police Station and Raj Kishore Sah, Officer in Charge, Bihiya. They all belong to Bhojpur at Ara district. By not attending the summons of the court, when called upon, they have breached and interfered with trials. They have obstructed public justice and the administration of justice. They are so charged. 2. They may offer their defence as to why they ought not to be punished and commit themselves to good conduct to the District & Sessions Judge, Ara, that on every date on which the court calls them they will attend the court. If there be one default they, the police personnel, be reported upon by judicial officers right from the District Judge down to Munsif. On the report to the High Court such erring police personnel could face contempt proceedings. 3. The show cause by these police personnel be offered within two weeks from today on record by 23 July, 2004. The matter will be up for consideration before the court on 27 July, 2004. 4. List on 27 July, 2004 under the same heading.