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ADMINISTRATION OF JUSTICE: Faulty investigation and deficient prosecution

Criminal justice - Faulty investigation and deficient prosecution - Directions given to State Governments to examine all orders of acquittal and record reasons for failure of each prosecution case - A standing committee of senior officers of police and prosecution departments should be vested with this responsibility - Home Department of every State Government will incorporate in its existing training programmes for investigation/prosecution officials, course-content drawn in light of instant judgment.

Criminal justice – Faulty investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. and deficient prosecution – Directions given to State Governments to examine all orders of acquittal and record reasons for failure of each prosecution case – A standing committee of senior officers of police and prosecution departments should be vested with this responsibility – Home Department of every State Government will incorporate in its existing training programmes for investigation/prosecution officials, course-content drawn in light of instant judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022).

(Also see under: Penal Code, 1860; and Investigation)

State of Gujarat v. Kishanbhai etc [2014]