The Supreme Court has directed the Uttar Pradesh government to initiate departmental proceedings against all superintendents of police who served in Mau district from 2023 onwards, taking strong exception to what it described as a “casual approach” towards a criminal trial.
A bench of Justices Ahsanuddin Amanullah and R Mahadevan noted that only two of the 54 prosecution witnesses had been examined in a case registered in 2017, despite charges being framed against six accused in March 2023.
The court noted that the petitioner’s 14-year-old son was allegedly kidnapped on September 27, 2017, and that neither the boy nor his remains had been traced so far.
“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 Supreme Court observed that the investigating agency was primarily responsible for ensuring that witnesses were produced before the trial court.
“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 the incumbent superintendent of police of Mau appeared before the court pursuant to its August 10 order and submitted 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.
(With inputs from PTI)