same
and as per the provision under PSO 588A of the Police
Standing Orders, the investigation in both the cases ought
to have been conducted ... PSO 145 is nothing more than administrative
instructions and it cannot have the force of law. In
an attempt to distinguish PSO 145 from 588A
case by the police."
15. After the introduction of PSO 588A, there were
number of judgments out of which one line of thinking ... that the failure to follow PSO 588A is an illegality vitiating
the conviction. The other line of thinking was that PSO 588-
A is only
rival cases and alleged non-compliance with Police
Standing Orders (PSO 588A) vitiated the case of the prosecution as wholly
unsustainable
rival cases and alleged non-compliance with Police
Standing Orders (PSO 588A) vitiated the case of the prosecution as wholly
unsustainable
second
respondent, the investigating officer has not followed the provisions of
PSO 588A (New Rule 566) to find out the aggressor.
15. A Full Bench ... question as to whether a failure to
adhere to PSO 566 (old No.588A), ipso facto, vitiate the prosecution
counter case.
31.In this context, we will refer to PSO 588A which
reads as follows:-
“588A:In a complaint and counter
complaint arising
filed without following the procedures as set out in
PSO-588A. Even though this ground is not taken in the
grounds of petitions
Without properly following the procedure as set out in
PSO-588A, charge sheet has been filed in respect of the
complaint given by the second ... Investigating
Officer has not followed the procedure enunciated in
PSO-588A. The final reports have been filed in both
matters. On that sole ground
have been
filed without following the procedures as set out in
PSO-588A. Even though this ground is not taken in the
grounds of petitions
investigating officer has not followed the procedure laid down in PSO 588A, which is fatal to the case of the prosecution. The trial Court ... Apex Court, non-following the procedure laid down in PSO 588A is not fatal to the prosecution case, because the prosecution shall explain the injuries
