SC orders action against Mau SPs from 2023 over 'casual approach' in criminal case trial

New Delhi, Sep 27 (PTI) Taking strong note of the "casual approach" of Uttar Pradesh Police in a criminal case trial, the Supreme Court has directed the state government to initiate departmental proceedings against the superintendents of police who have served from 2023 till date in Mau district.

A bench of Justices Ahsanuddin Amanullah and R Mahadevan noted that only two out of the 54 prosecution witnesses have been examined in the case lodged in 2017, despite charges being framed against six accused in March 2023.

It noted that the 14-year-old son of the petitioner was kidnapped on September 27, 2017, and till date, neither he nor his remains had been found.

"This leaves us in no doubt that the prosecution, which is accountable for producing witnesses, has been absolutely slack in its duty towards the court in the conduct of criminal trial," the bench said in its September 21 order.

The top court said it is basically the investigating agency which is under obligation to produce witnesses.

"We are shocked at the conduct of the prosecution in not ensuring that witnesses are produced before the court for more than three years and, as of today, only two witnesses stand examined," it said.

The bench noted that pursuant to its August 10 order, the incumbent superintendent of police of Mau was present in the court and has filed an affidavit dated August 29.

"On a query of the court as to how many witnesses have been examined since charges were framed against all six accused lastly on March 27, 2023, the answer is that two out of 54 prosecution witnesses have been examined," the top court said.

It noted that despite framing of charges in March 2023 itself, there was not even a "semblance of seriousness" shown by the prosecuting agency in getting the trial concluded.

"Accordingly, we direct the State of Uttar Pradesh to initiate departmental proceedings against the Superintendents of Police, Mau district, Uttar Pradesh, who served from 2023 till date, for such casual approach towards a duty cast upon them, especially in matters of trial. The same shall be initiated within two weeks from today," the bench said.

"The court would indicate that if it finds that the charges served on the superintendents of police are only by way of formality, the court would take action against the competent authority who issues the said memo of charges to the superintendents of police, Mau district, Uttar Pradesh, who held the post from the year 2023," it said.

While posting the matter for November 16, the bench said an affidavit personally affirmed by the state's chief secretary bringing on record the action taken be filed before the next date of hearing.

The apex court was hearing a plea challenging a May 2025 order of the Allahabad High Court.

The petitioner had filed a petition before the high court seeking transfer of the probe in the case lodged at Mau in 2017 to the Central Bureau of Investigation or any other agency.

The high court had disposed of the plea while noting the submissions of the state's counsel that investigation in the case was concluded and a chargesheet had already been filed in the court.