HANUMAN RAM Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This petition is on behalf of the complainant and raises a question which reflects upon the state of affairs with which the criminal justice is administered by the prosecuting agency in the State of Rajasthan.

(2.) It is the responsibility of the prosecuting agency to assist the Courts in examination of witnesses. Whatever process is issued by the Courts is served through police officials which are integral part of prosecuting agency.

(3.) In the instant case, statement of police witness has not been recorded by the Court because he has not turned up on a number of occasions. His evidence was closed. After closure of evidence of police official, an application was made by the Public Prosecutor seeking indulgence of the Court for examination of that witness. The Court was magnanimous enough to permit examination of that witness and fixed the date for calling that witness. The public prosecutor in his application has stated in the following terms: