Research › Search › Judgment

Patna High Court · body

2022 DIGILAW 330 (PAT)

Subhash Roy v. State of Bihar

2022-04-20

MOHIT KUMAR SHAH

body2022
ORDER Heard the learned counsel for the petitioner and Md. Sufyan, the learned APP for the State. 2. To recapitulate the matter, this Court vide order dated 02.03.2022, had observed as follows:— “Perused the order dated 15.12.2021 passed by this Court in the present case as also the show cause reply of Additional Sessions Judge III, Katihar dated 21.01.2022, from which it appears that not only there has been serious lapses and negligence on the part of the learned court below but the Superintendent of Police, Katihar, the concerned Investigating Officers, the Officer-in-charge of the concerned police station and Civil Surgeons have also prima facie engaged in dereliction in duties and have disobeyed the orders passed by the learned court below from time to time by failing to produce the official witnesses for about three years, however, the final opinion of this Court shall be subject to what is to be stated by the said Officers. In such view of the matter, I direct that all the Senior Superintendents of Police, Investigating Officers, Officers-in-Charge of the concerned police station and Civil Surgeons, Katihar, posted from 07.01.2019 to 05.01.2022 shall be present in the Court on the next date of hearing and shall also file their respective personal affidavits explaining the reasons for delay in production of two official witnesses i.e. the Investigating Officer and the Doctor concerned. The learned District and Sessions Judge, Katihar is directed to furnish a Call for a report from the learned court of Sessions Judge, Katihar in connection with Balrampur PS case no. 108 of 2016 with regard to the present stage of the trial and the likely time to be consumed in completion of the trial. List after receipt of the report. in tabular form with regard to the number of Sessions trials and Magisterial trials pending before the District Court, Katihar, especially those in which only official witnesses are yet to be examined. It should also be indicated with regard to each such pending case, as to on which date the last prosecution witness, except the official witnesses, had been examined. The report should reach this Court on or before 23.03.2022.” 3. It should also be indicated with regard to each such pending case, as to on which date the last prosecution witness, except the official witnesses, had been examined. The report should reach this Court on or before 23.03.2022.” 3. The present case was again heard on 23.03.2022 and upon consideration of the stand taken by the various Superintendents of Police, concerned Officers-in-charge and the Civil Surgeons posted during the period in question, following directions were issued:— “ The present Superintendent of Police, Katihar and the Civil Surgeon, Katihar undertake to conduct an enquiry and furnish a detailed report before this Court regarding the persons responsible for the negligence in observance of duties leading to nonproduction of the official witnesses for an inordinately long period. This Court would also appreciate if needful action is taken in the meantime. This Court also directs the Superintendent of Police, Katihar and the Civil Surgeon, Katihar to get in touch with the Director General of Police, Bihar, Patna and the Additional Chief Secretary, Health Department, Government of Bihar and devise a scheme to enable prompt production of the official witnesses before the learned trial court in a time bound manner, for their examination, so that the situation which has arisen in the present case does not reoccur.” 4. In compliance of the order of this Court dated 23.03.2022, the Superintendent of Police, Katihar and the Civil Surgeon-cum-Chief Medical Officer, Katihar had filed their show cause, which has been noticed in the said order dated 23.03.2022. As far as the Superintendent of Police, Katihar is concerned, he has furnished the requisite details in the show cause and has stated that about 245 trials are pending in which official witnesses have not been examined. It is also submitted that he had also got in touch with the Director General of Police, Bihar, Patna, whereafter the requisite directions have been issued by the Director General of Police, Bihar, Patna, which is reproduced hereinbelow:— “1. When the summons/ warrant issued from Hon’ble Court against official witnesses for their evidence a. If official witnesses are posted/ deputed in districts then inform them and ensure their examination in concern court. b. If the official witnesses have been transferred from the districts/ units then locate their present place of posting through HRMs Portal/ Reference Section of districts/ units and inform them. b. If the official witnesses have been transferred from the districts/ units then locate their present place of posting through HRMs Portal/ Reference Section of districts/ units and inform them. It is the responsibility of concerned districts/ units in-charge to produce such witnesses for getting recorded their evidence. c. If the official witnesses have been retired from service then identify the home addres with mobile number and sent it to the concerned districts. It is the responsibility of concerned Superintendent of Police to inform such witnesses and produce them for evidence in the Court. 2. For production of official witnesses, all districts/ units will appoint an Inspector level Nodal Officer and send his name and mobile number to the concerned districts. It is the responsibility of the Nodal officer to contact the official witnesses and ensure their evidence in the court. 3. All SPs will conduct a review meeting with concerned PP/APP/DPO/APO in every month for the production of Police personnel/ Doctor and other official witnesses, so that no case remain pending in court for evidence of official witnesses. 4. It will be the responsibility of the SHO from where the FIR is related to and the Nodal Officer of the districts/ units to produce the official witnesses in trial cases. 5. The information must be given on time to the concerned Civil Surgeon and Health Department, Bihar, Patna for the evidence of the doctors.” 5. This Court finds that at the moment, the aforesaid directions issued by the Director General of Police, Bihar, Patna would serve the purpose, however I deem it expedient to direct the Director General of police, Bihar, Patna to Circulate a copy of this order to all the Senior Superintendents of Police/ Superintendents of Police/ Officers-in-charge/ S.H.Os./Nodal Officers for strict compliance of the aforesaid guidelines issued with regard to production of official witnesses. The learned Registrar General of this Court is also directed circulate a copy of this order to all the District Judges within the State of Bihar for needful compliance. 6. It is further directed that the respective Senior Superintendent of Police/ Superintendent of Police of the respective Districts shall be ultimately responsible for expeditious production of official witnesses and in case of any delay or default, appropriate disciplinary action shall be taken against the delinquent. 7. 6. It is further directed that the respective Senior Superintendent of Police/ Superintendent of Police of the respective Districts shall be ultimately responsible for expeditious production of official witnesses and in case of any delay or default, appropriate disciplinary action shall be taken against the delinquent. 7. Now, coming back to the present case, this Court finds that as far as the Civil Surgeon-cum-Chief Medical Officer, Katihar is concerned, he has submitted that appropriate steps have been taken including that of informing Additional Chief Secretary, Health Department, Government of Bihar, Patna vide letter dated 05.04.2022, however no response has been received as yet. 8. The learned APP for State submits that he would get in touch with the Additional Chief Secretary, Health Department, Government of Bihar, Patna for the purposes of devising a scheme to enable production of official witnesses (Doctors etc.) before the learned Trial Court in a time bound manner. 9. It is expected that the Superintendent of Police, Katihar and the Civil Surgeon-cum-Chief Medical Officer, Katihar shall ensure that all the official witnesses in the aforesaid 245 pending trials are examined forthwith, without undue delay. A status report be submitted before this Court after four weeks. 10. List this case on 18.05.2022, on which date, the Superintendent of Police, Katihar and the Civil Surgeon-cum- Chief Medical Officer, Katihar shall file a status report with regard to the number of official witnesses examined in the said 245 pending trials. The personal appearance of the Superintendent of Police, Katihar and the Civil Surgeon-cum-Chief Medical Officer, Katihar is exempted for the time being. 11. It is further expected that the learned APP shall apprise this Court about the scheme devised by the Additional Chief Secretary, Health Department, Government of Bihar, Patna for enabling production of official witnesses (Doctors) before the learned trial court in a time bound manner in the pending trials. 12. Let a copy of this order be transmitted to the Director General of Police, Bihar, Patna for its onward transmission to Senior Superintendents of Police/ Superintendents of Police as also to the Registrar General of this Court for being circulated amongst all the District Judges of the Subordinate Courts situated in the State of Bihar. l