Allahabad High Court Expresses Concern Over Failure Of Police To Serve Summons/Execute Coercive Measures To Compel Appearance Of Witnesses

Recently, the Allahabad High Court has raised grave concerns over the failure by police in serving summons and executing coercive measures to ensure appearances of witnesses at the trail despite previous orders by the High Court.

While hearing a second bail application of accused who had been in jail since 2022 for offences under Sections 363, 366, 376, 384 of IPC and Section 5/6 of POCSO Act and Section 67A of IT Act, Justice Ajay Bhanot observed

“The delay in the trials caused by the failure of the police authorities to serve summons or execute coercive measures to compel the appearance of witnesses at the trial despite a statutory mandate, is an issue of grave concern.”

Though the Court dismissed the bail application of the accused as he was charged with rape of a minor, the Court observed that the Trial Court must endeavour to conclude the trial within a reasonable time-frame, preferably, within one year from the date of the receipt of the order of High Court.

Directing the Trial Court to take coercive actions against witnesses who fail to appear in the trial proceeding, the Court observed that delays were caused primarily due to non-service of summons and lack of action by police authorities in ensuring witness presence.

Referring to earlier decisions of the Allahabad High Court in Bhanwar Singh @ Karamvir Vs. State of U.P. and Jitendra v. State of U.P. where directions had been issued to the police authorities to ensure timely service of summons and taking coercive actions against witnesses who did not appear in the trail, the Court directed the Trial Court to examine compliance of the aforesaid orders.

Case Title: Muneer v. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 18557 of 2025]

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