State of Madhya Pradesh vs Bandu

U.L. Bhat, C.J.

The matter arises out of Sessions Trial No. 130 of 1992 in the file of Additional Sessions Judge, Burhanpur where accused respondent is lacing charge under Sec. 302 I. P. C. The Investigating Officer Akhilesh Dwivedi and Asstt. Sub-Inspector of Police S. S. Parmar were summoned to appear before the Court and to give evidence on 8.4.1993. Other witnesses having already been examined earlier. They were served but they did not appear in Court. Akhilesh Dwivedi, S. I. having informed the Court that he was busy in law and order duty and S. S. Parmar, A. S. I. not having shown the courtesy of giving any information. The same thing was repeated on. 15.7.1993 and 14.8.1993. Finally, the Court closed the evidence on 14.8.1993. This order is now challenged in revision by the State.

The fact that the State has taken the trouble of filing the revision indicates that in the opinion of the State, some worthwhile evidence is already on record. Non-service of medical officers and police officers in Sessions cases and other criminal cases and non-appearance of such officers after summons is a widespread melody in the State. The High Court, during past one year, has taken up this question with the Stale Government and the Director General of Police who have ensured all co-operation in the matter. One can understand a Police Officer not reaching Court on account of very serious and tense law and order situation but no Police Officer can be permitted to remain absent on two or three occasions under the protext of being busy in law and order duty. Much worse is the case of an officer who is served but does not turn-up in Court and does not even apply for exemption from appearance.,

If the prosecution evidence before the present stage is of no worth, Sessions Judges need not repeatedly postpone the cases before them for examination of witnesses but where the evidence is not shabby or otherwise weak, it is necessary that Sessions Judges should take some interest in ensuring presence of such witnesses. In this case, the Sessions Judge would have been perfectly justified in issuing non-bailable warrant of arrest against the two witnesses and he should have written Demi-Official letters to Superintendent of Police to ensure compliance of the warrants and dealt with the witnesses in a stern manner when they appear before him. Closure of evidence in a case where the evidence already adduced is of some consequence would only lead to miscarriage of justice. In these circumstances, I think it necessary to interfere in this case. Consequently, the impugned order is set aside. Sessions Judge should take all steps with the cooperation of the Superintendent of Police concerned in securing the presence of the said two witnesses for the purpose of recording their evidence, if necessary, by issuing and enforcing non bailable warrant of arrest. The Supdt. of Police, East Nimar will take personal interest in the matter to see that the course of justice is not obstructed. Revision petition is accordingly allowed.

Copies of this order shall be forwarded to the Secretary to the State Government in the Home and Law Departments, Director General of Police and the Supdt. of Police. East Nimar.