Civil Procedure Code (CPC)

Police witness not coming for witness


Hello Experts,

I have one long pending case it is 13 years old case.  now court is hearing witness. the police inspector who is looking this case about 13 years before got transfered to some other place. since last 6 herings he is not coming to court for witness.

he is the last witness.

my lawyer is saying  SI  has to come for witness.

is there any way to solve this.

Your help is highly apriciated.

 
Reply   
 
Lawyer

you may approach High Court, with an appropriate petition, to get the trial expedited....

 

but it all depends upon the kind of proceedings conducted in your case and the reasons for delay shall not be attributed to you.

 
Reply   
 


Criminal Lawyer

The enidance of that  police officer is must and compulsary for the case .It is his duty too to come to the court for witness . If he not attending the court,give application to the court concern to issue tne non bailable warrants against that police officer and also to be served through the SSP of your district .

If possible,try to get his posting place and give it to the court and pray to serve the nbw throuh the SSP of that district .

 
Reply   
 
Legal Consultant

Your's is an  interesting case and the delinquency of police officers is rampant in the matter of attending the courts to depose as a witness. I believe that instead of going to the High Court it will be better if you submitted a petition before the trial magistrate requesting him to take cognizance of the matter under section 350 Cr PC. In such a case, if the trial magistrate thinks it fit, he may start the proceeding against him and can impose punishment by levying fine. It is immaterial about the amount of fine which is only hundred rupees. The factor is the punishment imposed to a police officer by the court which is taken very seriously by his superior officers. Moreover, any conviction by a court of law will be a fatal factor for him in consideration of his father promotion or postings. The purpose will also be served because he will have to appear in the court of law.

 
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Legal Consultant

Originally posted by :S.B.adil rahman
"
Your's is an  interesting case and the delinquency of police officers is rampant in the matter of attending the courts to depose as a witness. I believe that instead of going to the High Court it will be better if you submit a petition before the trial magistrate requesting him to take cognizance of the matter under Section 350 Cr PC. In such a case, if the trial magistrate thinks it fit, he may start the proceeding against the delinquent police officer and can impose punishment by levying fine after a summary trial in his own court. Though the amount of fine is only hundred rupees but  the punishment imposed upon  a police officer by the court is taken very seriously by his superior officers. Moreover, any conviction by a court of law will be a fatal factor for him in consideration of his further promotion or postings. The purpose will also be served because he will be compelled to appear in the court of law and to depose in the case. 
"
 
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Criminal Lawyer

If your purpose is to punish the officer, then go to sec.350 cr.p.c ,but your main case got delayed . Decision is your's .

 
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Legal Consultant

What else can be the cheaper way to compel the attendance of a witness who is a police officer? This way simply a bailable warrant will serve the purpose if the officer is considered as an accused by the court. When he will appear in the court ,the purpose will be served. This is the crude way of bringing a police witness to the dock. The purpose is not punishment but the veiled threat of punishment which will affect his service adversely.

 
Reply   
 

request from court for notice u/s-350 .

for that officer!

 
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advocate

it may be fatal for the prosecution and not for you... please you need to consult a lawyer.. as manyy documents are to be proved by IO.

 
Reply   
 
law student, ex IPS

Very mature and correct answer

 
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