TaxTMI 
TaxTMI 
1993 (4) TMI 334
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....ss the prosecuting agency and the concerned police officers take interest and feel their accountability and responsibility towards the court's proceedings?" A second related question is: "How long an accused be kept in prison as an under-trial even he is facing a charge of murder if the prosecuting agency adopt an attitude of indifference?" 2. An early decision in a criminal case or sessions trial is possible only if the prosecution witnesses appear in the Court in time. Therefore, it is essential that the witnesses are properly served in time by the concerned authorities and they are produced in the Court. However, the present case demonstrates the helplessness of the Presiding Officer of the court as both the wings,....
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....is not responsible for the delay. It was also contended by the learned counsel that D.O. letters were written to the Superintendent of Police and Deputy Inspector General of Police, Kota, to take steps to get the witnesses served upon, but no positive efforts were made by them or by the Station House Officer of the concerned police station. Learned counsel expressed his anguish towards the attitude of all the police officers and contended that if such conditions continued then a time may come when there would be a complete chaos and break-down of judicial system and the fundamental right of an accused for speedy trial shall remain only a formality in papers. Learned counsel read over the various order sheets of the last 11 months of the tri....
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.... Range, Kota. A.D.O. letter was also written intimating him that the Superintendent of Police (Rural) Kota did not take any interest in the service of warrants and that he himself should see that the witnesses are served before the next date. 10. On the day i.e. 28.8.1992 again no witness was present. The case was already fixed on 29.8.1992 and on this date also no witness was present. Hence the case was adjourned with a direction to issue fresh bailable warrants to secure the attendance of the warrants. On 25.9.1992 only one witness Kailash was present. However, his statement also could not be recorded as the lawyers were on strike. On the next day i.e. on 26.9.1992 only one witness Laxmi Narain was present. His statement also could not b....
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....ficer upto the rank of Superintendent of Police and Deputy Inspector General of Police. We may imagine the future of the criminal trials if such attitude of the above agencies persist. The prosecuting agency and the police officers are primarily responsible to see that the prosecution witnesses are served in time and they are produced in court in time to avoid any delay in the trial of a criminal case. If they adopt an attitude of indifference then a criminal trial cannot proceed and early decisions cannot be expected even in sessions cases involving grave charge/charges against the accused persons. Will it not make a total break-down of the mechanism of the criminal courts.? I again express my serious anxiety towards the prevailing conditi....