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HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Criminal Miscellaneous (Petition) No. 5604/2026

CNR: RJHC010664992026

URN: CRLMP / 9988U / 2026

Dileep Kumar Khadav S/o Gangaram, Aged About 44 Years,

Resident Of Kawas, District Bikaner, At Present Posted As Sho

Police Station Vivek Vihar, Jodhpur Metropolitan

----Petitioner

Versus

1. State Of Rajasthan, Through Pp

2. The Director General Of Police, Rajasthan, Jaipur.

----Respondents

For Petitioner(s) : Mr. Vikas Bijarnia

For Respondent(s) : Mr. Vikram Rajpurohit, PP

HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

16/07/2026

Heard learned counsel for the petitioner and perused the

material available on record.

The present matter arises out of the order dated 18.12.2025

passed by the learned Special Judge, Electricity Act Cases (District

& Sessions Judge), Jaisalmer, whereby certain directions have

been issued against the petitioner on account of the non-

appearance of the Investigating Officer during the course of trial.

This Court is of the considered opinion that Investigating

Officers, being public servants and employees of the State, are

duty-bound to appear before the trial Courts whenever their

presence is required and to cooperate in the expeditious

conclusion of criminal trials. Their examination as prosecution

(2 of 3) [CRLMP-5604/2026]

witnesses is an integral part of the criminal justice process. It is

inconceivable that Investigating Officers repeatedly remain

absent, resulting in unnecessary adjournments and consequent

delay in disposal of criminal cases.

The explanation that the Investigating Officer was not aware

of the proceedings or that summons or warrants were not served

cannot, be treated as satisfactory justification. The prosecution is

represented before the trial Court through the learned Public

Prosecutor, and there ought to exist a robust institutional

mechanism ensuring effective coordination and internal

communication between the office of the Public Prosecutor and the

Police Department so that Investigating Officers are informed well

in time and remain present before the Court for recording of their

evidence. Such a mechanism is essential to ensure that criminal

trials are not unnecessarily prolonged merely on account of the

absence of Government officials.

This Court has also noticed, in several matters, a recurring

pattern of Investigating Officers remaining absent before the trial

Courts, resulting in repeated adjournments solely for securing

their presence. The issue appears to be systemic in nature and

requires coordinated efforts between the Police Department and

the Directorate of Prosecution. A well-defined structured

framework for communication, monitoring, and ensuring the

timely appearance of Investigating Officers before the Courts

would substantially aid in the expeditious disposal of criminal

cases.

(3 of 3) [CRLMP-5604/2026]

In view of the aforesaid, this Court deems it appropriate to

issue notice to the Director of Prosecution, Rajasthan and the

Director General of Police, Rajasthan, calling upon them to place

before this Court the existing mechanism, if any, for ensuring the

appearance of Investigating Officers before trial Courts and to

indicate the measures proposed to be adopted for addressing the

recurring issue so as to ensure the timely conclusion of criminal

trials.

Let both the authorities file their responses on or before the

next date of hearing.

List this matter on 10.08.2026.

In the meanwhile, considering that the impugned directions

appear to have been issued without affording an opportunity of

hearing to the petitioner, the operation and effect of the

observations/directions contained in Para no.56 of the impugned

order dated 18.12.2025, insofar as they prejudice the petitioner,

shall remain stayed only till the next date of hearing.

(BALJINDER SINGH SANDHU),J

255/Deepak/669