Om Prakash Gupta vs State Of Delhi on 1 July, 2022
16. In the present case, as per prosecution witnesses, public persons were asked to join the investigation, but none of them agreed. However, admittedly no written notice was served upon them to join the proceedings in the present case or to face action u/sec. 187 IPC. The reasons cited by witness i.e. paucity of time does not disclose any good ground to be entertained since as per prosecution itself, the appellant as well as the case property was already in custody of the investigating team and therefore latter had sufficient time to join the independent witnesses before formal seizure of same. Therefore, it is clear that sincere efforts were not made to join the independent witnesses despite their availability which causes a serious dent in the story of the prosecution. The reliance is placed on Anoop Joshi Vs. State 1992 (2) C.C. Cases 314 (HC), Roop Chand Vs. The State of Haryana 199 (1) C.L.R. 69 and Sadhu Singh Vs. State of Punjab 1997 (3) Crime 55.