Trial court not at mercy of prosecuting agency: Punjab and Haryana High Court

Chandigarh, May 31

The Punjab and Haryana High Court has made it clear that a trial court is not at the prosecuting agency’s mercy. In the absence of “due interest” on the prosecuting agency’s part in prosecuting a case, the trial court can secure the presence of unexamined witnesses by initiating appropriate steps, including coercive.

The Bench made it clear that the trial court had a participatory role to play, “having been invested with enormous powers under Section 311 of the CrPC”. The assertion came as Justice Karamjit Singh asserted that a trial court kept on passing “zimini” or interim orders in a routine manner without making sincere efforts to procure the presence of unexamined witnesses, including an eyewitness. The assertions came on a petition by Vinay Verma. Complainant in a case, he was seeking the quashing of an order dated December 16, 2019, whereby the prosecution evidence was closed by a trial court order. He had also challenged another order dated January 23, 2020, whereby an application by the prosecution/complainant under Section 311 CrPC for permission to examine an inspector and others was dismissed.

Referring to the interim orders, Justice Karamjit Singh asserted it appeared that the trial court kept on passing the same without application of mind. It also appeared that the presiding officer did not go through the reports by the serving police officials on summons, bailable and non-bailable warrants ordered to be issued in the name of different prosecution witnesses.

“The trial court was not at the mercy of the prosecuting agency. If the prosecuting agency was not taking due interest in prosecuting the case, the trial court could have secured the presence of unexamined witnesses by taking appropriate steps, including the coercive steps, if so required, in an assertive manner, which requires application of mind,” Justice Karamjit Singh added. Quashing the impugned orders, Justice Karamjit Singh asserted it appeared that the trial court was “in a great hurry in rejecting the application moved by the prosecution/complainant without actually relying on wide powers conferred on it under Section 311 CrPC”. Justice Karamjit Singh added the trial court could take the assistance of the Ludhiana District and Sessions Judge and the Police Commissioner concerned.