Police witness not coming for witness

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.

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 .

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.

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 .

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.

request from court for notice u/s-350 .

for that officer!

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.

Very mature and correct answer

The case has ended in chargesheet. Trial has started on the strength of documents which had been relied upon by the I.O resulting in charge sheet. The documents which have been relied upon by the prosecution have been supplied to the accused person before commencement of the trial. Now tell me what more documents can be proved by the IO when he is not coming. It will never be proved for another 13 years by this method. Only tarikh per tarikh to harass the accused? If the summons to the IO does not work then the prosecution/ defence can ask the court to issue warrant of arrest against the IO to compel his attendance before the court, but when it has not been  done then something is fishy. Courts have ample powers to take action against the errant IO by starting the prosecution of the IO under CRPC. If for the fault of the prosecution the case drowns then let it drown. As because a person is acused, he can not be subjected to harassment by the law merely on the conjectures  that the State is a previleged litigant. But is it so? Constitution of India is more super to the law. The right to life of the accused is being affected adversely.The defence advocate is not initiating a suitable step for his client. He has perhaps found an ATM in his client. Circumstances can lead to such inference other wise why a case will linger for 13 years, albeit, had he taken the appropriate steps in the interest of his client and justice.