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Documents citing State Of Gujarat vs Kishanbhai on 7 January, 2014

Deputy Commissioner Of Police vs Badlu Paswan & Ors on 19 February, 2016

A standing committee of senior officers of the police and prosecution departments, should be vested with aforesaid responsibility. The consideration at the hands of the above committee, should be utilized for crystalizing mistakes committed during investigation, and/or prosecution, or both. The Home Department of every State Government will incorporate in its existing training programmes for junior investigation/prosecution officials course content drawn from the above consideration. The same should also constitute course-content of refresher training programmes, for senior investigating/prosecuting officials. The above responsibility for preparing training programmes for officials, should be vested in the same committee of senior officers referred to above. Judgments like the one in hand (depicting more than 10 glaring lapses in the investigation/prosecution of the case), and similar other judgments, may also be added to the training programmes. The course content will be reviewed by the above committee annually, on the basis of fresh inputs, including emerging scientific tools of investigation, judgments of Courts, and on the basis of experiences gained by the standing committee while examining failures, in unsuccessful prosecution of cases. We further direct, that the above training programme be put in place within 6 months. This would ensure that those persons who handle sensitive matters concerning investigation/prosecution are fully trained to handle the same. Thereupon, if any lapses are committed by them, they would not be able to feign innocence, when they are made liable to suffer departmental action, for their lapses.
Delhi High Court Cites 31 - Cited by 6 - P Rani - Full Document

Rama Shankar Mishra vs State Of U.P. And 6 Others on 17 August, 2021

The consideration at the hands of the above committee, should be utilized for crystallizing mistakes committed during investigation, and/ or prosecution, or both. The Home Department of every State Government will incorporate in its existing training programmes for junior investigation/prosecution officials course content drawn from the above consideration. The same should also constitute course-content of refresher training programmes, for senior investigating/ prosecuting officials. The above responsibility for preparing training programmes for officials, should be vested in the same committee of senior officers referred to above. Judgments like the one in hand (depicting more than 10 glaring lapses in the investigation/prosecution of the case), and similar other judgments, may also be added to the training programmes. The course content will be reviewed by the above committee annually, on the basis of fresh inputs, including emerging scientific tools of investigation, judgments of Courts, and on the basis of experiences gained by the standing committee while examining failures, in unsuccessful prosecution of cases. We further direct, that the above training programme be put in place within 6 months. This would ensure that those persons who handle sensitive matters concerning investigation/ prosecution are fully trained to handle the same. Thereupon, if any lapses are committed by them, the would not be able to feign innocence, when they are made liable to suffer departmental action, for their lapses.
Allahabad High Court Cites 37 - Cited by 0 - Full Document

State vs . (1) Rajesh @ Raje on 7 February, 2014

(126) In terms of the aforesaid and in view of the lapses and wrongs of the Investigating Officer as highlighted herein above, I hereby direct that a copy of this order be placed before the Commissioner of Police, Delhi and GNCT of Delhi (Home Department) through the Director of Prosecution, Delhi for information and appropriate action in accordance with law, in terms of the directions of Hon'ble Supreme Court in the case of State of Gujarat Vs. Kishanbhai Etc. in Criminal Appeal No. 1485/2008 decided on 7.1.2014, copies of which have already been circulated by the Hon'ble Apex Court to Home Secretaries of all the States and UTs for compliance.
Delhi District Court Cites 27 - Cited by 0 - Full Document

State vs . Satpal Singh Etc. on 22 March, 2014

In the application filed by the Special Public Prosecutor, he has also alleged that apart from Inspector Rampal Singh and SI Dalel Singh i.e. the accused before this Court, Amarender Kumar Singh the then ACP and Inspector R.S. Dahiya the then SHO Police Station Nangloi who are responsible for destroying the relevant record relating to Anti­Sikh Riots of 1984 of Police Station Nangloi in order to save the accused persons in the present case despite the registration of the present FIR on 28.8.1991, are required to be summoned, charged and tried along with the accused before this Court. He has also prayed for invoking the provisions of Section 120­B Indian Penal Code against the accused along with the aforesaid police officers named in the application in respect of the offences under Section 201 IPC (causing disappearance of evidence of offence to screen the offender). Ld. Special Public Prosecutor has place his reliance on the judgment of Hon'ble Supreme Court in the case of State of Gujarat Vs. Kishanbhai Etc. in Criminal Appeal No. 1485/2008 decided on 7.1.2014 and has argued that for the faulty investigations conducted by the Investigating Agency the benefit of the same cannot be given to the accused and hence he has prayed for summoning Sh. Amrender Kumar Singh the then ACP and Inspector R.S. Dahiya the then SHO to be tried along with the accused before this Court Inspector Ram Pal Singh and SI Dalel Singh.
Delhi District Court Cites 35 - Cited by 0 - Full Document

Fir No. 198/11 5 State vs . Ajay Kumar & Anr. 1 Of 65 on 18 September, 2021

17. Murder and rape is indeed a reprehensive act and every perpetrator should be punished. Therefore, considering the observations made by this Court in Kishanbhai [State of Gujarat v. Kishanbhai, (2014) 5 SCC 108 : (2014) 2 SCC (Cri) 457] , referred to hereinabove, we direct the Chief Secretary, Home Department, State of Maharashtra to look into the matter and identify such erring officers/officials responsible for failure of a prosecution case, on account of sheer negligence or because of culpable lapses, real culprits are out of the clutches of law and because of whose lapses the case has resulted into acquittal in a case where five persons were killed brutally and one lady was subjected to even rape. Therefore, we direct the Chief Secretary, Home Department, State of Maharashtra to enquire into the matter and take departmental action against those erring officers/officials, if those officers/officials are still in service.
Delhi District Court Cites 38 - Cited by 0 - Full Document

S.C. No. 51918/2016 State vs . Sanjay @ Billu & Ors. Page No. 1 Of 34 on 19 November, 2022

In terms of the aforesaid and in view of the lapses and wrongs of the Investigating Officer with respect to difference in size of bullet recovered from spot, I hereby direct that a copy of this order be placed before the Commissioner of Police, Delhi and GNCT of Delhi (Home Department) through the Director of Prosecution, Delhi for information and appropriate action in accordance with law, in terms of the directions of Hon'ble Supreme Court in the case of State of Gujarat Vs. Kishanbhai Etc.
Delhi District Court Cites 26 - Cited by 0 - Full Document

Tapati Paul vs The State Of Jharkhand on 27 April, 2018

The consideration at the hands of the above committee, should be utilized for crystalizing mistakes committed during investigation, and/or prosecution, or both. The Home Department of every State Government will incorporate in its existing training programmes for junior investigation/prosecution officials course- content drawn from the above consideration. The same should also constitute course-content of refresher training programmes, for senior investigating/prosecuting officials. The above responsibility for preparing training programmes for officials, should be vested in the same committee of senior officers referred to above. Judgments like the one in hand (depicting more than 10 glaring lapses in the investigation/prosecution of the case), and similar other judgments, may also be added to the training programmes. The course content will be reviewed by the above committee annually, on the basis of fresh inputs, including emerging scientific tools of investigation, judgments of Courts, and on the basis of experiences gained by the standing committee while examining failures, in unsuccessful prosecution of cases. We further direct, that the above training programme be put in place within 6 months. This would ensure that those persons who handle sensitive matters concerning investigation/prosecution are fully trained to handle the same. Thereupon, if any lapses are committed by them, they would not be able to feign innocence, when they are made liable to suffer departmental action, for their lapses.
Jharkhand High Court Cites 17 - Cited by 0 - R Shankar - Full Document

Mohan @ Bapu S/O Khushal Pendam And ... vs The State Of Maharashtra, Through ... on 7 December, 2016

The consideration at the hands of the above Committee, should be utilised for crystallising mistakes committed during investigation, and/or prosecution, or both. The Home Department of every State Government will incorporate in its existing training programmes for junior investigation/prosecution officials course-content drawn from the above consideration. The same should also constitute course-content of refresher training programmes for senior investigating/prosecuting officials. The above responsibility for preparing training programmes for officials should be vested in the same Committee of senior officers referred to above. Judgments like the one in hand (depicting more than ten glaring lapses in the investigation/prosecution of the case), and similar other judgments, may also be added to the training programmes. The course-content will be reviewed by the above Committee annually, on the basis of fresh inputs, including emerging scientific tools of investigation, judgments of courts, and on the basis of ::: Uploaded on - 07/12/2016 ::: Downloaded on - 08/12/2016 01:07:34 ::: apeal514.14 36 experiences gained by the Standing Committee while examining failures, in unsuccessful prosecution of cases.
Bombay High Court Cites 8 - Cited by 0 - B P Dharmadhikari - Full Document
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