‘REPORTABLE’
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1485 OF 2008
State of Gujarat … Appellant
Versus
Kishanbhai Etc. …
Respondents
J U D G M E N T
Jagdish Singh Khehar, J.
Paras 21 to 24 of the Judgment
21. On the
culmination of a criminal case in
acquittal, the concerned
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withdrawn from investigative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.
The instant direction shall also be
given effect
to within 6 months.
22. A copy of the
instant judgment shall be transmitted
by the Registry
of this Court, to the Home Secretaries of all State Governments
and Union
Territories, within one week. All the
concerned Home Secretaries,
shall
ensure
compliance of the
directions recorded above.
The records of
consideration, in compliance with the above direction, shall
be maintained.
23. We hope and
trust the Home Department of the State
of Gujarat, will
identify the erring officers in the instant case, and will
take appropriate
departmental action against them, as
may be considered
appropriate, in
accordance with law.
24. The instant
criminal appeal is accordingly disposed of.
…………………………….J.
(C.K.
Prasad)
…………………………….J.
(Jagdish Singh
Khehar)
New Delhi;
January 7, 2014
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