Honble SHARMA, J.–Accused petitioner in this second inning of the proceedings has now sought relief to quash FIR No. 263/97 registered against him and other co-accused persons at Police Station Sadar under sections 406 and 420 of the Indian Penal Code. In the first inning, the accused petitioner had submitted anticipatory bail application bearing S.B. Criminal Misc. Bail Application No. 4126/97 under Section 438 Cr.P.C. and this Court (Honble V.K. Singhal J. as he then was) vide order dated 26.9.1997 directed as under - ``The learned counsel for the petitioner submits that he was not connected and has no relation except that he was in service as a clerk with the society in 1972 and he has falsely been implicated. I have considered over the matter. In the application under section 438 Cr.P.C., all these matters can not be examined. The petitioner may surrender before the trial Court may consider the application of the petitioner under section 439 Cr.P.C. (2). The accused petitioner did not surrender himself before the trial Court but initiated instant proceedings raising the said arguments amongst other which were raised earlier. (3). I have reflected over the rival submissions and carefully scanned the case diary. (4). The petitioner has been named in the FIR and in view of the material collected during investigation it cannot be said that the petitioner has been implicated falsely. I am therefore not inclined to interfere with the investigation invoking the provisions of section 482 Cr. P.C. (5). Resultantly, the petition stands dismissed. (6). Before parting with the case I intend to express my feelings about the functioning of prosecution agency. It is generally seen that case diaries are not produced in time and adjournments are sought by the learned Public Prosecutor. In the instant case learned Public Prosecutor was directed to produce case diary on Feb. 26, 1998 but it was not produced on the said date and adjournment was sought. On being enquired, learned Public Prosecutor explained that his orders are not effectively carried out by the staff. Wireless messages are not reached at the destination in time. Sometimes he has to argue the cases without case files. I appre- ciate the spirit of learned Public Prosecutors Mr. M.L. Goyal and Mr. S.M. Poddar, who have assisted me in dispensing with the justice even without any effective assistance of their staff. Wireless messages are not reached at the destination in time. Sometimes he has to argue the cases without case files. I appre- ciate the spirit of learned Public Prosecutors Mr. M.L. Goyal and Mr. S.M. Poddar, who have assisted me in dispensing with the justice even without any effective assistance of their staff. They always appeared in time though empty handed and Govt. case files always reached late. Learned Public Prosecutors argued old hearing matters after instant perusal of record of the Court. It appears that case files ne- ver reached their residences a day before the listing of the case in the Court. Learned Advocate General Mr. B.P. Agrawal was also apprised of the situation but tortoise functioning of Government Advocates office is as usual. Public Prosecutor is associated with mission of assisting Court. He is appointed to conduct prosecution, appeal or other proceedings on behalf of the State Government under Section 24 of the Code of Criminal Procedure. The minimum that is expected of the Public Prosecutor that after going through the relevant record he should place the prosecution case fairly. He is the officer of the Court and is expected to protect the interest of the State. He cannot throw the entire burn on the Court. I note with distress that officials of the State Government are not handling the staff attached to Public Prosecutors effectively and because of this dispersion of justice has largely been affected as interest of the State is not properly looked after by the Public Prosecutors. Copies of this order may be circulated the learned Chief Secretary, learned law Secretary and Learned Advocate General.