STATE Vs. RAMZAN NAIKU

JUDGEMENT

(1.) THE learned Judge has made this reference on the ground that the learned Magistrate ought to have given an further opportunity to the prosecution to examine its witnesses. A perusual of the order sheet would show that the trial court gave one opportunity after another to the prosecution for producing its witnesses, but the prosecution failed to avail of the same. Prosecution witnesses are not in a privileged position and they must realize that they have got to follow the procedure laid down by law. If the prosecution is unable to produce its witnesses despite several opportunities given to it either by way of Dasti summons or issue of warrants, it must bear the consequences. Government servants who fail to turn up before courts after summons have been served on them cannot be allowed to take advantage of their own default. If the case fails it is for the State to take action against the Government servants who flout appearance before courts. Let a copy of this judgment be sent to the Chief Secretary for suitable action against the Government servant or servants concerned.

(2.) THERE is no reason to interfere with the order of the trial court. The reference is utterly misconceived and is dismissed.