The Madurai Bench of the Madras High Court has made it clear that in every criminal appeal that is heard by the High Court Bench at Madurai, as well as the Principal seat in Chennai, investigating officers concerned must be present before the court.
A Division Bench of Justices S. Vaidyanathan and N. Anand Venkatesh observed that the investigating officers should be present before the court, failing which the court would be constrained to issue warrant and ensure their presence.
The court observed that the practice, followed for a long time, was being given a go-by these days. The court marked a copy of the order to Director General of Police, Inspector General of all Zones, City Police Commissioners, who shall ensure compliance.
The court made the observation while hearing two criminal appeals that were connected. The court took cognisance of the fact that two separate trials were conducted by a lower court when a joint trial could have been conducted, in connection with a murder case committed in the course of same transaction, with the same accused involved.
The accused were convicted in one case and acquitted in the other. During the hearing of the criminal appeal before the High Court, the investigating officer was not present. The Additional Public Prosecutor had expressed his helplessness, as the officer was not present during the hearing, in spite of the fact that a request was made to the investigating officer to be present before the court.
