Rajiv Kumar vs The State Of Bihar on 27 April, 2022
7. It is, no doubt, true that on the date
Patna High Court CR. MISC. No.19740 of 2021(3) dt.27-04-2022
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fixed for hearing the prosecution has to produce all
such evidence in support of its case, but the
prosecution is also certainly entitled to seek the
assistance of the court in securing the attendance of
any witness or production of any document or other
things. Even when this new Code was not in force,
it was observed by a Bench of this Court in Md.
Yasin & Ors. V. The State (1954 Cri LJ 1437) that
where witnesses on being summoned did not turn
up it was the bounden duty of a court to see that its
orders were obeyed, and any one guilty of
disobedience of the orders of the court should be
proceeded against according to law. It was further
observed that the courts were not powerless or
helpless in this matter and a court should take
action where there was no reasonable explanation
for disobedience of its orders of ignoring of its
summonses.