Recently in case the MP police was questioned by the High court as to why they had not abided with the orders of the lower court and produced the summons to the accused person. The facts of the case were that the accused person was being tried under section 302 and 34 of IPC and had moved his third application for bail stating that the trial is being delayed. The court learned that due to the non appearance of the prosecution witness the trial court had issued his arrest warrant, thereby directing the police to produce him on the next date of hearing. The officer concerned justified the same by stating that the said witness was served notice via whatsapp message.Noting that no reply was filed by the officer concerned as per the instructions of the lower court, the High Court directed the State to bring its reply for the queries raised.
Through reply the Senior Superintendent of Police Informed the court that there is no such provision to serve arrest warrants under section 71 CRPC to serve summons through whatsapp messages.
Court replied in utter shock as to why the state authorities did not comply with the orders of the cour eleven after clear instructions from the court. The court directed an enquiry against the prosecution witness for his non appearance stating that his actions were in violation with the rights of the accused person falling under article 21 of the constitution.
The court then observed that the previous bail application was dismissed on merits and hence and since then only delay in the trial is the only change that was new for the trial. Noting that the prosecution witness causing delay had been dealt with, and hence the application was dismissed.
Source: https://www.livelaw.in/news-updates/madhya-pradesh-high-court-arrest-warrant-s71-crpc-whatsapp-message-213610
