Claiming the approach of a trial court judge as strange and contrary to law, the district judge S.P. Garg set aside the lower court order and directed it to issue process as per law to ensure the presence of the accused persons to face trial before the court.
“I consider the attitude of additional chief metropolitan magistrate was quite strange and contrary to law. The court cannot fall in the trap of inaction on the part of investigating agency or prosecution,” said Mr Garg.
The court’s order came on the revision petition file by the ED against the accused as the earlier complaint was dismissed by the trial court for non-prosecution.
The judge in its order said if the accused and the prosecution come in league to help the accused, the court cannot close its eyes and take a view that since the probe agency was not acting properly, it would not issue process against the accused.
“The court has to bring every matter to its logical end and if the investigating agency is not acting properly, an action should be ordered by the court against the official of the investigating agency by superior officials but that would not give an excuse to the court to let off the accused or let off any other person or refuse to issue process in accordance with law,” said the district judge.