It is the public duty of witnesses in a criminal case to give evidence whenever they receive summons from a court of law and therefore they cannot be heard to say that they shall not depose until all the accused in a case are arrested, the Madras High Court Bench here has said.
Justice P.N. Prakash made the observation while closing a petition filed by a witness in a case booked by Tirupacheti police in Sivaganga district, challenging an order passed by a Sessions Court on October 4 splitting up the case into two since the police could not arrested the prime accused in the case.
Not finding force in the petitioner’s plea, the judge said that the Sessions Court had split the case only because the police were unable to execute a non-bailable arrest warrant issued against the prime accused who had been hospitalised as he was suffering from a serious ailment.
Report
“A team of doctors too had examined A1 (the prime accused) and they have also given a report on September 15, 2015 in which it is stated that his condition is very serious. Therefore, this court does not find any thing irregular in the action taken by the learned Sessions Judge.
“It is also seen from the report sent by the learned Sessions Judge that the witnesses are not appearing before the court and the witness warrants are pending. Witnesses cannot take a stand that they will give evidence only if A1 is arrested and made to face joint trial with other accused.
“It is their public duty to give evidence whenever summons are sent by the court. Under such circumstances, this Court directs the petitioner, who is also one of the witnesses, to appear before the trial Court and give evidence,” the judge said.
Direction
He, however, directed the trial court to record the evidences of all witnesses in duplicate and keep one set of evidences along with the split up case so that they need not be asked to come once again for examination in chief as and when the prime accused could be produced in court.
Justice P.N. Prakash made the observation while closing a petition filed by a witness in a case booked by Tirupacheti police in Sivaganga district, challenging an order passed by a Sessions Court on October 4 splitting up the case into two since the police could not arrested the prime accused in the case.
Not finding force in the petitioner’s plea, the judge said that the Sessions Court had split the case only because the police were unable to execute a non-bailable arrest warrant issued against the prime accused who had been hospitalised as he was suffering from a serious ailment.
Report
“A team of doctors too had examined A1 (the prime accused) and they have also given a report on September 15, 2015 in which it is stated that his condition is very serious. Therefore, this court does not find any thing irregular in the action taken by the learned Sessions Judge.
“It is also seen from the report sent by the learned Sessions Judge that the witnesses are not appearing before the court and the witness warrants are pending. Witnesses cannot take a stand that they will give evidence only if A1 is arrested and made to face joint trial with other accused.
“It is their public duty to give evidence whenever summons are sent by the court. Under such circumstances, this Court directs the petitioner, who is also one of the witnesses, to appear before the trial Court and give evidence,” the judge said.
Direction
He, however, directed the trial court to record the evidences of all witnesses in duplicate and keep one set of evidences along with the split up case so that they need not be asked to come once again for examination in chief as and when the prime accused could be produced in court.
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