AHMED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This application has highlighted a very disquieting feature of the administration of criminal justice in the trial Courts. In this case, the Sub-Divisional Judicial Magistrate, Morigaon (hereinafter 'the Magistrate') by order dated 24-11-83 closed the criminal case and acquitted the accused persons from the charge under Sections 147/323/324/326 of the Penal Code as he found that the non-bailable warrant against the witnesses had not been returned after service. The following observation was made in the order :

(2.) The aforesaid order has been challenged by the petitioner Ahmed Ali who was informant in the instant case. The victims were his sisters and nephews. The case of the petitioner is that no process was ever served on the witnesses who were ready and willing to help the cause of administration of justice by giving evidence in the Court but failed to do so on account of non-receipt of any process or notice from the Court.

(3.) I have heard the learned counsel for the petitioner Mr. A.C. Bora as well as the learned Public Prosecutor. So far as the observations made by the learned Magistrate in regard to delay in service of summons and warrants by the police is concerned, there is no denial that such delays do very often occur. This Court can even take judicial notice of it. The Law Commission of India found it as back as in 1969 and in its Forty-First Report observed as follows :