Rajasthan High Court Calls For Mechanism To Ensure Timely Appearance Of Investigating Officers Before Trial Courts

Taking note of a recurring pattern of absenteeism of Investigating Officers (IOs) before the trial courts, resulting in repeated adjournments solely for securing their presence, the Rajasthan High Court has called for a systemic mechanism for coordination between the Police Department and the Directorate of prosecution.The bench of Justice Baljinder Singh Sindhu issued notice to the Directorate of Prosecution, Rajasthan and the Director General of Police, Rajasthan, to present the existing mechanism (if any) for ensuring the appearance of IOs before the trial courts, and to indicate proposed measures for addressing the recurring issue to ensure timely conclusion of criminal trials. The Court observed that IOs are public servants and 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 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…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.”For context, the Court was hearing a petition against the order of Special Judge, Electricity Cases, wherein certain directions were issued against the petitioner-DGP for the non-appearance of the IO during the course of trial. The Court highlighted that the explanation of the IO that he was unaware of the proceedings or that the summons/warrants were not served, was not a 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.”In this background, the Court ordered the Director of Prosecution, Rajasthan and the Director General of Police, Rajasthan, to place on record 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.In relation to the existing matter, the Court observed that since the directions were passed without providing opportunity of hearing to the petitioner, the directions shall be stayed till the next date of hearing. The matter is listed on August 10, 2026. Title: Dileep Kumar Yadav v State of Rajasthan & Anr.Click Here To Read/Download Order

Rajasthan High Court Calls For Mechanism To Ensure Timely Appearance Of Investigating Officers Before Trial Courts

Nupur Agrawal

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Nupur Agrawal

Rajasthan High Court Calls For Mechanism To Ensure Timely Appearance Of Investigating Officers Before Trial Courts

Nupur Agrawal

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Nupur Agrawal

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