DAROGA SINGH Vs. B K PANDEY

JUDGEMENT

(1.) The instant criminal appeals arising from a common judgment relating to the same incident, depict a rare, unfortunate and condemnable act of the police officials who contrary to the duty enjoined upon them to protect and maintain law and order, indulged in the act of attacking in a pre-planned and calculated manner Shri D. N. Barai, Ist Additional District and Sessions Judge, in his Court room and chambers on 18th November, 1997 at Bhagalpur in the State of Bihar.

(2.) In Sessions Trial No. 592 of 1992, the Investigating Officer (Jokhu Singh) was examined as a witness on 7th May, 1997 in the Court of Shri D. N. Barai, Ist Additional District and Sessions Judge, Bhagalpur. As the cross-examination could not be concluded the case was adjourned to 26th May, 1997. Thereafter the case was adjourned to several dates but this witness did not appear for the cross-examination. A show cause notice was issued against Jokhu Singh through Superintendent of Police, Madhepura, requiring him to appear on 11th June, 1997. In spite of that Jokhu Singh did not appear. On 14th July, 1997, a wireless message was sent to him through Superintendent of Police to appear in the Court on 5th August, 1997. Once against the witness did not turn up. The Court, therefore, having no other option issued a notice to Jokhu Singh to show cause why proceedings under the Contempt of Courts Act (hereinafter referred to as 'the Act') be not initiated against him. Ultimately, on 27th August, 1997 the case was adjourned to 20th September, 1997 and to procure his presence, non-bailable warrant was issued. On this date also the witness did not turn up. He did not file reply to the show cause notice either. On 17th November, 1997, Jokhu Singh appeared in the Court in the afternoon. Having regard to the previous order of non-bailable warrant of arrest, he was remanded to judicial custody. A petition for bail was filed on his behalf after the Court hours. It was directed that the same be placed for hearing on the next date.

(3.) Shri K. D. Choudhary, one of the appellants who was an office-bearer of the Policemen's Association at District Level and was posted as SHO of the Police Station in the evening of the same day went to the Chambers of Shri Barai for release of Shri Jokhu Singh on execution of a personal bond. Shri Barai did not agree. Thereafter he approached the District Magistrate and on the basis of his advice he met the District Judge and renewed his demand for release of Jokhu Singh, which was declined.