Court allows prosecution to produce witnesses
JAMMU: In a much publicised Chopra Family Murder case, Principal Sessions Judge Jammu Rakesh Sagar Jain after hearing battery of lawyers from both the sides, allowed the application filed by the prosecution and given one more opportunity to prosecution and directed to produce the witnesses as per serial number given in the list attached to the present application under Section 540 CrPC.
Prosecution has filed an application under Section 540 CrPC praying therein that the leftover witnesses in the present be examined in present case in interest of justice.
While allowing the application of prosecution, the Principal Sessions Judge Jammu observed that had the prosecution been alive to its duties to ensure that all the cited witnesses are to be produced on the relevant dates and kept in mind that the Orders of the High Court are to be adhered to in letter and spirit, there would have been no necessity to move the present application. However, moving of application under Section 540 CrPc by the prosecution has become a usual feature. When the evidence of prosecution is closed, suddenly everyone seems to wake up”, the Judge observed.
The Court also directed SSP, Jammu to ensure that the one Investigating Officer from each challan who are fully acquainted with the facts of the present case appear before the PP on 10.10.2014 and the PP shall inform the Court about the same. Court further observed the pitfalls pointed above are virtually taking place in majority of cases. There is no reason why all the witnesses cited in a case be not examined. This is a drawback in the prosecution which needs to be addressed by the state prosecution administration. JNF
