K. J. VAIDYA, J. ( 1 ) ). The question of quite a recurring nature, arising during the trial and subsequently many a time at the, appellate stage as well, and accordingly of very great importance that precisely falls for our consideration in this matter is as to - "what indeed is the duty rather the primary duty of the concerned Investigating Officer in-charge of the case and/or his successor; the Public prosecutor and the Court also to re-arrest and thereby reclaim the presence of accused already charge-sheeted to make him face the trial when he is found to be absconding?" ( 2 ) ). When on 13-8-1996, Criminal Revision Application No. 217 of 1996 was placed before us for admission, it was noticed that as quite unexpected these days the trial of the Sessions Case came to be terminated within the short period of six months only from the date of the offence!! such an expeditious state of affairs are indeed and undoubtedly quite good, heartening and welcome too, but at the same time since the expeditious trials of-late had in fact started fading into the distant dreams it brought about little surprise to us!! Under the circumstances, for the time being we just could not believe this as bearing in mind the threatening explosive backlog of cases in the Sessions Courts, reaching a flashing point, it was little impossible for sessions Court to accomplish the dream of expeditious trial within six months. We were rather bit surprised, and accordingly by an order dated 13-8-1996, called for the information from the learned Sessions judge, Mehsana regarding (i) as to in all how many Sessions Cases were pending before him and his other Additional Sessions judges? (ii) of which Years? (iii) accordingly, the further information was also called for as to at what serial number the sessions Case No. 80 of 1996 was listed in the case register, (iv) whether any priority was given to the particular Sessions case under the present Revision application? and if yes, (v) what were the special reasons for the same? In response to these questions, the learned Sessions Judge by his report dated 21st August 1996 submitted necessary information. and if yes, (v) what were the special reasons for the same? In response to these questions, the learned Sessions Judge by his report dated 21st August 1996 submitted necessary information. After perusing the same, since we felt that further information was necessary, by an order dated 26-8- 1996, attention of the learned Sessions judge, Mehsana was invited to the chart submitted by his additional learned Judges annexed to his report and pursuant thereto he was further directed to report back : (i) as to why two old Sessions cases, each of the year 1961 and 1983 were still pending? (ii) What steps the concerned learned Sessions Judge had taken to expedite the trial? (iii) Further, so far as the chart pertaining to cases as on 1-6-1996 of the concerned learned Addl. Sessions Judge was concerned, he was directed to state right from the year 1990 till 1996 in which of the Sessions Cases the accused were on bail and how many accused persons were in jail; (4) whether the Sessions Case No. 80/96 was in any way prior to other cases; (5) so far as the other concerned learned Judge was concerned, he was directed to inform why the Sessions Case each of 1987, 1990 and 1991, three cases of the year 1992 and six cases of the year 1993 were still pending? (6) were the accused in the said cases on bail? (7) they are charged of what offences? (8) what steps the learned Judge had taken to expedite the trial? (9) so far as the Sessions Court (Camp) at Patan is concerned, the concerned learned Trial Judge was also asked why the cases of the year were taken. These informations were directed to be laid before us on or before 5-9-1996. In response to this, the concerned learned Judges have submitted their respective reports found annexed with a forwarding letter dated 4-9-1996 of the District and Sessions judge. On perusal of the said report, we have come across indeed quite starting, shocking, alarming and unbelievable state of affairs wherein two Sessions Cases, being Sessions Cases No. 57/61 and 74/83 are still pending because the accused were absconding!! This is quite regrettable and has just set us thinking as to whether the administration of justice has any duty, rather accountability, to the citizen in the matter of doing justice! This is quite regrettable and has just set us thinking as to whether the administration of justice has any duty, rather accountability, to the citizen in the matter of doing justice! When we say the administration of justice, it necessarily means that its inseparable components are the Investigating Officer, the process serving constable. The Public Prosecutor in charge of the case and, last but certainly not the least, is the learned Trial Judge also in whose Court the cases are pending. When the duty belongs to all the four components, can any one of them i. e. , the investigating Officer, the concerned process server, learned PP and the learned Trial judge shirk their respective duties by passing the buck, throwing burden on each other and not discharging their own!! We can quite understand that so far as the learned Trial Judge is concerned, personally he may not, of his own, know which accused were absconding and since when ? but, then, certainly, the Registrar of the sessions Court or for that purpose even the Superintendent of criminal branch cannot escape from the ultimate responsibility of checking up the Special register which is required to be maintained wherein it is stated whether the accused is granted bail or not and whether he has absconded? This is required to be consistently monitored every week by asking the concerned PP and the Police Officer to supply material and moment it is noticed that the accused is absconding this fact should be immediately notified on the urgent board before the Court to pass appropriate order/s. In fact the special Board in matter of (i) the absconding accused, (ii) further in such cases where sureties are required to be given notice and final orders to be passed against them and (iii) non-services of notices and/or notices issued not received back either served or unserved to accused/witnesses/sureties, etc. , as the case may be, should invariably be prepared and placed before the Court to pass appropriate orders. , as the case may be, should invariably be prepared and placed before the Court to pass appropriate orders. Thus at the regular interval the stock of the said Register and thereby of the situation is required to taken ultimately bringing it to the notice of the learned Judge who in his turn was bound to call upon the pp and the concerned Investigating Officer also as to what steps they had taken and if no steps are taken, appropriate directions are given to them to coerce the presence of the absconding accused to face the trial. It prima facie appears that unfortunately all the concerned officers have been totally oblivious of their respective duties. We believe that all the three aforesaid components of the administration of justice in the first instance are expected to know their respective obligations under Art. 21 Of the constitution of India to deliver speedy justice, in the second instance what are the relevant provisions in the Criminal Procedure Code, 1973 and in the Gujarat Police manual, Vol. III in respect of cases wherein the accused are absconding. For this purpose, for sake of convenience and immediate reference the relevant provisions as engrafted in Sections 82, 83 and 84, etc. of the Code and in particular Section 82 is reproduced as under :2. 1 Section 82 : "82. Proclamation for person absconding. (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court rnay publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation. (2) The proclamation shall be published as follows:- (i) (a) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; (c) a copy thereof shall be affixed to some conspicuous part of the Court-house; (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the requirement of this section have been complied with, and that the proclamation was published on such day. "2. 2. Over and above Sections 82, 83 and 84 of the Code, there is also specific provision by way of Rule 219 in Volume III of the Gujarat Police Manual which pertains to the steps to be taken in regard to the absconding accused persons. For the ready reference, the said Rule 219 is reproduced as under:- "219. Steps to be taken in regard to an absconding accused person.- (1) If an accused person seems to be evading arrest, the Investigating Officer should make the best possible efforts through appropriate police Stations to trace his whereabouts. (2) The persons relations, friends and also the village Police should be instructed to give information of his whereabouts and warned against harbouring him. (3) If with all these efforts the accused cannot be found, a charge-sheet should be sent to the appropriate Magistrate, showing the accused persons name as an absconder in red ink. (4) The Magistrate should be requested to issue a warrant for the arrest of the accused. (5) (a) If, after diligent efforts to execute the warrant, the accused person cannot be traced, evidence of Police officers associated with the efforts to effect the arrest should be led before the Magistrate to prove that the accused is purposely evading arrest, and the Magistrate requested to follow the procedure regarding the issue of a proclamation under Sections 82, 83, etc. of the criminal Procedure Code. of the criminal Procedure Code. (b) The commonest mistake appears to be the idea that proceedings under Sections 82 and 83, Criminal Procedure Code, are bound up with proceedings under Section 299, Criminal Procedure Code. The correct procedure would be that under Section 82 criminal Procedure Code, any court may at any time issue a proclamation against the person for whose arrest the court has issued a warrant. All that is necessary is that the court should be satisfied that the person has absconded or is concealing himself so that such warrant cannot be executed. Having done this, the court may further at any time order the attachment of any property-moveable or immoveable or both belonging to the proclaimed person. (c) The period of thirty days mentioned in Section 82 Criminal Procedure Code, is the period within which the absconder is called upon to surrender. It does not impose delay in the issue of an attachment warrant under Section 83 Criminal Procedure Code. (d) The police should therefore apply for an ordinary warrant of arrest immediately when they are satisfied that an accused person has gone into hiding. Having got the warrant, the Police should make a real attempt to execute it. When they fail in executing the warrant, they can go to the court and ask for a proclamation order. (e) The Police should be ready to lead the evidence of the, Policemen who had attempted to execute; the warrant. (f) Immediately the proclamation has been duly made, the court should be moved to issue an attachment order. (g) The Investigating Officer should take steps to prevent the improper alienation of property by fictitious mortgage or sale. For this purpose, lists of such property should be made as part of the investigation and attached with the case papers and the village Head-man concerned should be directed to report any attempt at alienation or removal pending the issue of attachment order. The lists of property should be got attested by competent witnesses and should be put into court with the application of an attachement order. (h) The Police should see that the issue of warrant and proclamation order are given the fullest publicity not only in the place from which the absconder has disappeared but in all his likely resorts. The lists of property should be got attested by competent witnesses and should be put into court with the application of an attachement order. (h) The Police should see that the issue of warrant and proclamation order are given the fullest publicity not only in the place from which the absconder has disappeared but in all his likely resorts. (6) A photograph, a descriptive roll and marks of identification of the accused person should be sent to the Deputy Inspector general of Police, Criminal investigation department (Crime and Railways) for Publication in the Gujarat Police Gazette. (7) In suitable, cases, the Superintendent of Police should arrange for the offer of a handsome reward being published in newspapers and the Police Gazette and in any other manner to induce people to help the police in securing the accused person. (8) The name of the accused person should be entered in the Register of absconders maintained in the Police Station. (9) Information should be given to the finger Print Bureau that the accused is wanted in connection with the case concerned. (10) In appropriate cases, a Magistrate should be requested to record evidence of witnesses, in the absence of the accused, under Section 299, Criminal Procedure code. (11) All the papers of the case and the articles and property attached should be carefully preserved, so that they may be available when the accused person is eventually arrested. (12) (a) All the Superintendents of Police should send promptly special reports in regard to the absconder whose domicile is outside the Gujarat State, to the Deputy inspector General of Police, Criminal Investigation Department (Crime and Railways) in addition to the usual reports which are sent for publication in Gujarat Police gazette as per Sub-Rule (6) above. (b) With a view to avoid delay in the arrest of an absconder residing in another state, as far as possible, English translation of the reference should also be sent to police of the State concerned. (13) The Police should keep a watch over the persons acquitted by the lower courts where the acquittal appears to the police to be clearly unjustified and when there is an apprehension of the accused absconding. It will enable the Police Officers to secure the attendance of the accused when the acquittal appeals are filed and notices are to be served on the accused. " ( 3 ) ). It will enable the Police Officers to secure the attendance of the accused when the acquittal appeals are filed and notices are to be served on the accused. " ( 3 ) ). It is simply unfortunate as it prirna facie appears to have happened that the accused after committing crime and their arrest and charge-sheet filed against them have been found to be absconding, and the duty of all the components of the Administration of Justice as if came to an end and nothing further was required to be done! this is what the right or wrong impression created in this case. We quite understand that ordinarily it is a primary duty of the investigating agency, thereafter of the learned PP to bring this aspect to the notice of the Court and obtain appropriate orders for tracking down the absconding accused by follow up action, following the necessary procedure as envisaged in Section 82 of the Code read with Rule 219 of the police Manual referred above. But, then, as it is unfortunately happening these days, because of quite wooden, impersonal, unconcerned attitude, approach and the utter lack of responsibility and sense of accountability and further as if there is none to call for an account and explanation of grossly defaulting officers, holding them ultimately responsible, if the Investigating Officer and the PP do not discharge their duties, should the Court also sit quietly and passively waiting indefinitely doing nothing, when the ultimate duty of doing justice undoubtedly lies on the head of the Trial Judge? As stated above, we can understand that the learned trial Judge may not know as out of hundreds or thousands of accused, which of the accused were actually absconding, but then if the Special register for the purpose is maintained in respect of the accused absconding and if such matters are regularly taken on the weekly board every week to find out whether the absconding accused had been traced or not, then in that case the court informed accordingly can certainly do something in the direction of expeditious trial. Nothing of the sort appears to have been done. Nothing of the sort appears to have been done. Now it appears from the report of the learned Judge that at long last he has called the concerned P. S. I, for the execution of non-bailable warrants in the aforesaid two Sessions cases, namely, Sessions case No. 57/61 and Sessions case No. 74/ 83 with an instruction to serve them personally at the earliest !! This is quite good as better late than never but then this does leave behind the unpleasant impression of remissness on the part of all concerned involved. We hope and trust that all Criminal Courts of the State henceforth shall be vigilant enough in this material regard! ( 4 ) ). In aforesaid view of the discussion, taking cue from this matter we direct all the Criminal Courts of the State that they shall in the first instance invariably maintains a special register of (1) absconding accused, (2) notices to sureties, (3) notices to winesses and take a periodical look, at least once a week of the cases in which charge-sheets are filed and the undertrial accused prisoners, who either on being released on bail or on any other ground, are found absconding, and if any are so absconding, then, in the second instance, to issue non-bailable warrant calling upon the concerned Police Officer directing him to remain personally present in the Court and further directing him to expeditiously serve the non-bailable warrant on accused. In case it is reported that even the non-bailable warrant could not be served or did not return either served or unserved, then in the third instance, to ask the concerned Police Officer to once again personally remain present before the court and to file detail affidavit stating therein as to what steps he has taken to trace out the accused, by attaching the statements of those persons also whom he contacted for the purpose of searching and re-arresting the accused showing his bona fides that he in fact has taken all necessary steps. Unless a particular duty is specifically entrusted to an officer, making him personally responsible and thereby answerable for the same, since such officers one after the another will go on changing, nobody doing anything in the matter clearly abdicating their respective duties, and in the result absconding accused and for that purpose even recalcitrant witness going on enjoying the benefit taking advantage of such serious lapses of duty by the concerned police officers. This loose situation is required to screwed up as early as possible. This cannot be permitted to continue and happen, unless the concerned Court likewise wants to be passive and irresponsible. In case if the Trial Court is not satisfied regarding the statements of various persons, and by concerned police officer alongwith his affidavit then in that case, those persons can also be summoned to verify ultimate truth of affidavit. Thereafter the ball would be in the Court of the investigating Officer to file an appropriate application under Section 82 of the Code for getting the proclamation from the Court in matter of the absconding accused. It is expected of all the criminal Courts to scrupulously follow the observations made in this judgment with a view to see that because of the absconding accused and recalcitrant witnesses justice also does ultimately not flee from the court-room!!! If the Court feels that the Investigating Officer is lethargic or remiss in execution of the warrant, N. B. warrant or in discharge of his duty in any other way properly, then it is not only its foremost duty to report to the higher-ups but in a given case, take an appropriate legal action against the concerned police officers also for disregarding the orders of Court. For this, the concerned Court must have guts, courage and confidence to handle the situation. Timidity and indiscreet action on the part of any learned Judge is too negative a quality to do real and substantial justice. This has to be done, this shall have to be done and if not done the ultimate accountability shall be of the Court. ( 5 ) ). Timidity and indiscreet action on the part of any learned Judge is too negative a quality to do real and substantial justice. This has to be done, this shall have to be done and if not done the ultimate accountability shall be of the Court. ( 5 ) ). We hope and trust that whatever has been observed above will be followed with all religious sanctity, save and except at the cost of their accountability and explanation to the High Court for their passivity and non-action in such important matter of doing nothing to track the absconding accused, despite the specific guidelines given on the pages of this judgment, which are ordered to be circulated at once to all the criminal courts of the State. ( 6 ) ). The Registrar is directed to call for the report from all the District and Sessions judges of the State (i) showing as to how many accused pending trial/appeal/ revision either in their Courts and/or the subordinate courts and that too since how many years are absconding, and (ii) what steps have been taken either by the Investigating Officer and thereafter by the concerned Court to reclaim their custody to make them face trial, (iii) Whether any steps under Section 82 of the Code declaring accused absconding taken or not?? (iv) If not, why no steps are taken?? (v) The Registrar as well as the government Pleader High Court, are further directed to furnish the information as regards in how many cases and from which year the accused are absconding pending hearing and disposal of the appeals, revisions or miscellaneous criminal applications before this Court and what steps the officer of the learned PP has taken? (vi) The Registrar is further directed to furnish information on or before 20-2-1997 as to how many cases stand dismissed for default on whatever ground and as a result despite the acquittal-appcal/rcvision being admitted, it is not placed for final hearing in the High court? (vii) The Government Pleader is also directed to furnish information on or before 20-2-1997 whether any Special Register is being maintained in his office regarding - (a) the absconding accused and (b) criminal matters dismissed for default for non-removal of the objection and what steps taken by his office as regards (a) and (b ). ( 7 ) ). (vii) The Government Pleader is also directed to furnish information on or before 20-2-1997 whether any Special Register is being maintained in his office regarding - (a) the absconding accused and (b) criminal matters dismissed for default for non-removal of the objection and what steps taken by his office as regards (a) and (b ). ( 7 ) ). The Registry is directed to immediately send a copy of this Order to (i) director, Judicial Academy, Gujarat State, ahmedabad, (ii) The Government Pleader, gujarat High Court, Ahmedabad. Order According. .