Patna HC questions trial court proceedings against former SP in case pending before higher judiciary

Patna HC questions trial court proceedings against former SP in case pending before higher judiciary

Patna, The Patna High Court has sought all documents of proceedings initiated against a former Rohtas district police chief by a trial court over alleged non-compliance with its directions in a case whose appeal was pending before the state's top judicial body.

Patna HC questions trial court proceedings against former SP in case pending before higher judiciary

"It seems to be a peculiar situation, and an unprecedented one," said a bench of Justices Rajeev Ranjan Prasad and Sunil Dutta Mishra.

The division bench, in its order issued on Thursday, observed that the trial court's 2023 judgment and its direction to register an FIR against a person for his false deposition was pending before the high court.

Procedural propriety should have been maintained by the lower court, it said, but did not wish to make any further observation at this stage.

The high court directed the principal district judge of Rohtas to submit a report along with all documents and orders passed in a case initiated over alleged non-compliance with the trial court's directions.

Bihar Advocate General S D Sanjay submitted that the trial court had directed the then Rohtas superintendent of police to register an FIR against a man for allegedly giving a false statement, and subsequently initiated criminal contempt proceedings against the former district police chief and imposed a fine for alleged non-compliance.

"Under statutory rules, a court cannot direct an FIR for false evidence. It can only file a formal written complaint itself," he argued.

The state's top law officer said the trial court had continued passing orders on the matter even after its judgment was challenged before the high court.

On his request for an early hearing, the Patna High Court said the appeal be listed among the first five cases on November 25.

The bench said the trial court's directions and related issues would be considered at the final hearing and ordered, "In the meantime, there shall be no further action, and the matter shall not be precipitated," it added.

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