Court Calls for Robust Coordination Between Public Prosecutors and Police to Prevent Delays
In a significant judgment, the Rajasthan High Court has highlighted the critical role of Investigating Officers in criminal trials, emphasizing their duty to appear as prosecution witnesses whenever required. The judgment, delivered by Justice Baljinder Singh Sandhu, addresses the systemic issue of delays caused by the absence of Investigating Officers during trials, resulting in unnecessary adjournments and hindering the expeditious disposal of cases.
The court took up the matter following an order by the Special Judge, Electricity Act Cases, Jaisalmer, dated December 18, 2025, which had issued directions against the petitioner, Dileep Kumar Khadav, due to the non-appearance of the Investigating Officer. The High Court noted that Investigating Officers, being public servants, are obligated to cooperate fully with the judicial process.
Justice Sandhu criticized the lack of coordination between the Public Prosecutor's office and the Police Department, which often leads to Investigating Officers being uninformed about trial proceedings. The judgment underscores the need for a robust institutional mechanism to ensure effective communication and coordination between these entities, thus preventing unnecessary delays in criminal proceedings.
The court observed that Investigating Officers' repeated absences without satisfactory justification were unacceptable, and systemic issues needed addressing. The judgment mandates the Director of Prosecution and the Director General of Police, Rajasthan, to present the existing mechanisms for ensuring Investigating Officers' appearances in court and propose measures to rectify recurring issues. The court has directed both authorities to file their responses by the next hearing date on August 10, 2026.
In a move to uphold principles of natural justice, the court also stayed the operation of certain directions issued by the trial court against the petitioner, noting that they were passed without affording an opportunity of hearing.
Bottom line:-
Investigating Officers, as public servants, are duty-bound to appear before trial courts when required and cooperate in the expeditious conclusion of criminal trials. Lack of coordination between the Public Prosecutor's office and the Police Department in ensuring timely appearance of Investigating Officers causes unnecessary delays in criminal proceedings.
Statutory provision(s): Investigating Officers' duty in criminal trials, Coordination between Public Prosecutor and Police, Principles of Natural Justice
Dileep Kumar Khadav v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2944640
