HANUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the parties and examined the record of the proceedings of the lower court.

(2.) IN this case a police report for offence under Sections 323 and 324 IPC was filed before the learned Magistrate on 20.12.83. On that day Hanuman, accused, was present and process was issued against Dashrath Singh and Prahlad, accused. Dashrath Singh was granted exemption from personal attendance through his counsel on the adjourned date of hearing, i.e. 11.5.84. Prahlad, accused, had also appeared on 3.7.84. It appears that thereafter Prahlad, accused, did not appear and warrants of arrest were issued against him. Rest of the two accused. Hanuman and Dashrath Singh, continued to attend the court, Prahlad accused appeared on 6.2.86 and was released on bail. Thereafter Dashrath Singh, accused, against did not appear and the case is still being adjourned for procuring the attendance of Dashrath Singh.

(3.) IN the present case for a number of times the warrants were issued but they were never returned, excuted or un -executed. The State, which is the prosecutor in such cases, is expected to proceed against the officials manning the prosecuting and the process serving machinery. Successful prosecutions help prevention of crime which is one of the main responsibility of the State for the development and progress of its polity and society. If prosecutions are callously and carelessly taken by the State machinery, it may lead to lawlessness in the end which is a situation to be avoided at all cost in any society, developed or under - developed.