investigating/prosecuting official(s) responsible for such acquittal must
necessarily be identified. A finding needs to be recorded in each case,
whether the lapse was innocent or blameworthy. Each erring officer
must suffer the consequences of his lapse, by appropriate departmental
action, whenever called for. Taking into consideration the seriousness
of the matter, the concerned official may be withdrawn from investigative
responsibilities, permanently or temporarily, depending purely on his
culpability. We also feel compelled to require the adoption of some
indispensable measures, which may reduce the malady suffered by
parties on both sides of criminal litigation. Accordingly we direct, the
Home Department of every State Government, to formulate a procedure
for taking action against all erring investigating/prosecuting
officials/officers. All such erring officials/officers identified, as
responsible for failure of a prosecution case, on account of sheer
negligence or because of culpable lapses, must suffer departmental
action. The above mechanism formulated would infuse seriousness in
the performance of investigating and prosecuting duties, and would
ensure that investigation and prosecution are purposeful and decisive.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1485 OF 2008
State of Gujarat
V
Kishanbhai Etc.
Jagdish Singh Khehar, J.
Dated:January 7, 2014
