Murugesha S/o Vediyappan v. State By Mico Layout P. S, Bengaluru
2017-08-01
RATHNAKALA
body2017
DigiLaw.ai
ORDER : Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State. 2. The petitioners are chargesheeted by the respondent-police for the offences punishable under Sections 120B, 302, 201 r/w Section 34 of IPC. 3. Sri Younous Ali Khan, learned counsel for the petitioners submit that the petitioners are in judicial custody for more than two years, still charge is not framed. Many times, the accused are not produced before the Court. 4. The petition filed by petitioner No.1 in Criminal Petition No.5797/2015 was rejected by this Court vide order dated 14.09.2015, with liberty to file fresh petition after examination of prime witness/eye witness. It is already two years from then still no progress is achieved in the proceedings. 5. It is unfortunate that it has become menace of the day that under trials are not produced before the Court on hearing dates regularly and the Courts are washing off their hands by directing the Jail Authorities to produce the accused on the next date of hearing. It is to the experience of every Sessions and Criminal Court that such directions go in vain without response from the jail authority. Though the Jail and the Court are connected through video conferencing, said facility cannot be availed by each Court when several cases are posted on the same day before various Sessions and Criminal Courts. Presence of the accused before the Court is required either to record the plea of accused to the charge or for recording the statement of witnesses. That necessitates this Court to remind all the Criminal Courts and Sessions Courts of the General Circular No.11 of 1993 issued by this Court in LCA.I/478/93 dated 21.07.1993, whereby a direction was issued to the Presiding Officers of the Subordinate Courts in the State to address the concerned Sub-Inspector of Police for production of under trial prisoners before the Courts for trial in the event of their non-production and to discontinue the issue of show cause notice to the Jail Authorities for non-production of under trial prisoners, whenever an accused is not produced before the Court on a hearing date, the Presiding Officer cannot be helpless, he has to make the Investigating Officer/Incharge I.O., responsible for the omissions and take suitable action for disobedience of the order of the Court permissible under law. 6.
6. Coming to the prayer of the petitioner, since prime witnesses are not yet examined this petition is premature, hence rejected. The trial Court is directed to expedite the trial by availing all the authority under it’s disposal and take the case to its logical end as for as possible within an outer limit of six months from the date of communication of this order.