Subas Chandra Gupta v. The State Of Bihar Through The Director General Of Police, Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1842 of 2019 Arising Out of PS. Case No.-16 Year-2016 Thana- PIPRA District- East Champaran ====================================================== Subas Chandra Gupta, S/o Rameshwar Prasad Gupta, R/o village - Pipra, P.S. - Pipra, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Govt. of Bihar, Patna 2.

The Secretary, Law Department, Government of Bihar, Patna 3.

The District Magistrate, East Champaran 4.

The Superintendent of Police, East Champaran 5.

The Station House Officer, Pipra Police Station, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s :

Mr. M. Nasrul Huda Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-01-2020 Heard the parties.

2. This writ application has been preferred for appropriate direction to the respondent-authorities for taking necessary action so that trial of Pipra P.S. Case No. 16 of 2016 may proceed.

3. Main submission of learned counsel for the petitioner is that summons were issued against the sole accused on 02.03.2018 after cognizance in the aforesaid case but the police has not procured the attendance of the accused and the court is sitting tight over the matter awaiting the service report of summons.

Patna High Court CR. WJC No.1842 of 2019 dt.06-01-2020 2/2

4. If the court has issued summons to the police and the police is not sending any compliance report, the court below is competent enough to take action against the concerned police authority for disobedience of the order of the court. The petitioner may approach before the court below itself to pass appropriate order according to law. The Writ Court cannot monitor each and every stages of the trial, as prayed for.

5. Hence, this application stands disposed of with the aforesaid observation.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 08.01.2020 Transmission Date 08.01.2020