The Patna High Court has restrained further proceedings against a former Rohtas Superintendent of Police in a matter involving alleged non-compliance with a trial court’s directions to register an FIR against a person accused of giving false evidence. The court also sought the complete record of the proceedings initiated by the lower court.
A division bench of Justice Rajeev Ranjan Prasad and Justice Sunil Dutta Mishra expressed concern over the trial court continuing proceedings despite an appeal concerning its 2023 judgment and related directions being pending before the High Court.
In its order issued on Thursday, the bench described the circumstances as unusual and possibly unprecedented. It observed that the trial court should have maintained procedural propriety while the matter was under consideration before the High Court.
The bench, however, refrained from making further observations at this stage.
High Court Seeks Report From District Judge
The High Court directed the Principal District Judge, Rohtas, to submit a detailed report along with all relevant documents and orders concerning the proceedings initiated over the alleged failure to comply with the trial court’s directions.
The dispute arose after the trial court ordered the then Rohtas Superintendent of Police to register an FIR against a man accused of making a false statement during judicial proceedings.
Following the alleged non-compliance, the trial court initiated criminal contempt proceedings against the former district police chief and imposed a fine.
Advocate General Questions Trial Court’s Authority
Appearing for the state, Advocate General S D Sanjay questioned the legal basis of the trial court’s directions.
He submitted that statutory provisions do not permit a court to order the registration of an FIR merely on the ground that a person gave false evidence. According to him, the prescribed procedure requires the court itself to lodge a formal written complaint.
The Advocate General further informed the bench that the trial court had continued issuing orders even after its judgment was challenged before the Patna High Court.
He also requested an early hearing of the pending appeal.
Appeal To Be Heard On November 25
Accepting the request for an expedited hearing, the High Court directed that the appeal be placed among the first five matters listed on November 25.
The bench clarified that the legality of the trial court’s directions and the connected issues would be examined during the final hearing.
Until then, the High Court ordered that no further action be taken in the matter and directed that the situation should not be escalated pending its consideration.
