H. N. Rishbud And Inder Singh vs The State Of Delhi(And Connected ... on 14 December, 1954
“55.The next question is whether a failure to adhere to PSO
566, ipso facto, vitiate the prosecution? It is well-settled that any
defect in the investigation does not automatically vitiate trial
unless a miscarriage of justice is shown (vide H.N Rishbud v
State, AIR 1955 SC 196). In some cases where a procedural
defect is shown at the earliest point of time, it would be possible
for the superior court to remedy the situation by setting aside the
final reports and issuing directions for proper investigation and
filing of the final report. However, where the case is at an
advanced stage a plea of non-compliance of PSO 566 cannot be
acceded to automatically unless a miscarriage of justice is
demonstrated. Whether miscarriage of justice has occurred or not
will depend on facts which must be assessed from case to case,
and we need say no more on this aspect at this stage except
observing that the directions contained in paragraph 35, would
ensure that such cases would be few and far between.