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1995 Supreme(MP) 511

U.L.BHAT
State of M. P. – Appellant
Versus
Bandu – Respondent


Advocates:
Ahluwalia, Panel Lawyer for State; Shrivastava for non-applicant.

JUDGMENT

The matter arises out of Sessions Trial No. 130 of 1992 in the file of Additional Sessions Judge, Burhanpur, where accused respondent is facing charge under Sec. 302 I.P.C. The Investigating Officer Akhilesh Dwivedi and Asstt. Sub-Inspector of Police S.S. Parmar were summoned to appear before the Court and to give evidence on 8.4.1993, -- other witnesses having already been examined earlier. They were served but they did not appear in Court. Akhilesh Dwivedi, S.I. having informed the Court that he was busy in law and order duty and S.S. Parmar, A.S.I. not having shown the courtesy of giving any information. The same thing was repeated on 15.7.1993 and 14.8.1993. Finally, the Court closed the evidence on 14.8.1993. This order is now challenged in revision by the State.

The fact that the State has taken the trouble of filing the revision indicates that in the opinion of the St.1te, some worthwhile evidence is already on record. Non-service of medical officers and police officers in Sessions Cases and other criminal cases and non-appearance of such officers after summons is a widespread melody in the State. The High Court, during past one year, has taken up this question with



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