The Madras High court has ruled that there was nothing wrong in a trial court sending a letter to the collector to secure the presence of a government servant for being examined as a witness in a case.
Justice P N Prakash of the court's Madurai bench was dismissing a petition filed by a woman Village Administrative Officer, seeking a direction to transfer her rape case from the Mahila court in Tirunelveli district to some other court.
The judge said when the de facto complainant, VAO has been 'dodging' to appear before the trial court,there was nothing wrong in the trial court judge writing to the district collector to secure her presence in a sensitive case.
The judge said the petitioner had lodged the complaint before the Ambasamudram All Woman Police station in 2014, saying she was a divorcee and a VAO had promised to marry her and had physical relationship with her,and then refused.
On a complaint from her, the All Women Police registered a case against him for offences of cheating and rape and filed the charge sheet before the Mahila court at Tirunelveli.
The trial court issued several summons but she did not turn up.Then witness warrant was issued, but the police were not able to execute it, leading to the trial court writing to the collector to secure her presence.