STATE OF MYSORE Vs. RAMU B

JUDGEMENT

(1.) This petition by the State is directed against an order made in CC. No. 1683 of 1971 by the Judicial Magistrate, First Class (II Court), Bangalore City. The order is to the following effect: Accused present No witnesses are kept present despite the directions of the Court.....The Public Prosecutor files a memo seeking summons to CWs. 1 and 2 at this stage stating that they are not amenable to police process. His request is not genuine and is rejected. The case is coming up for evidence since long and no witnesses are secured till to-day. Hence, prosecution case is closed for lethargy. For orders, call on 29-1-1972.

(2.) Before the date of the above order the learned Magistrate on 10-12-1971 after noting that the summons issued to CWs.8, 9 and 15 had been returned unserved directed the prosecution to take necessary steps for securing the witnesses on the next day.

(3.) It is clear from the record that no attempt has been made by the Court to take such coerceive steps as were open to it to cause the presence of the witnesses concerned in the case. It seems to me that having regard to the provisions of sub-sec. (7) of S.251 A of the CrlPC. the entire responsibility of production of the witnesses cannot be saddled on the prosecution . A duty is also imposed upon the Court for enforcing attendance of witnesses by the processes provided in the Code. The Courts are not powerless when the parties fail to produce witnesses. In this view, it was the duty of the Court, in the instant case, to have issued coercive processes if the prosecution had failed to produce the witnesses as directed on 10-12-71.