`Accused brought late to court, state not liable`
New Delhi: An inadvertent delay in producing an accused before the trail court from the lock up cannot be termed as state`s lack of seriousness in conducting the trial,
a Delhi court has said.
Additional Sessions Judge Bimla Kumari made the observation while setting aside a magisterial court`s notice to the public prosecutor and the Tihar jail superintendent
seeking their explanation in delay in producing a theft case accused accused before it on April 29, 2011.
The judge said as the accused was in judicial custody and had been brought to the lock-up room from the jail, the jail superintendent was not at fault and also "it cannot be said that the prosecution was not serious in conducting the trial
of the accused".
The magisterial court had issued notices after the accused could not be produced before it from the lock-up room of Tis Hazari court premises, while the prosecution witness and the complainant kept waiting.
The court had issued notices to the jail superintendent observing it has become a routine that the lock-up in-charge does not produce the accused in time. It issued notice to the prosecutor wondering "whether the prosecution is serious in
conducting the trial of the cases".
The judge, however, set aside the magisterial court`s order saying, "It is worth noting that now-a-days, the jails as well as well as lock-ups are overcrowded. It is further worth noting that lock-up in-charge produces the accused on the basis of strength of police officials, who are deputed in this regard by the government."
She added that if there was any delay in the opinion of the trial court, it could have issued notice to the lock-up in-charge.
More from India
More from World
More from Sports
More from Entertaiment
- PM Modi slams Pakistan govt during his speech in Kozhikode
- Panel discussion over PM Modi's willingness to engage in direct dialogue with Pak
- Panel discussion over PM Modi's willingness to engage in direct dialogue with Pak - Part II
- PM Modi calls meeting to review Indus Waters Treaty today
- Watch: Sushma Swaraj addresses the UN General Assembly
- SHOCKING VIDEO: This man was trying to take selfie with python - You won't believe what happened next!
- Donald Trump praises Hindu community's contributions to US
- WATCH: Ravichandran Ashwin's magic ball that bamboozled Kane Williamson on Day 3
- Uri effect? India, Afghanistan bypass Pak to set up exclusive air corridor
- Jio impact: Vodafone offers 10 GB 4G mobile services at 1 GB price