Supreme Court orders action against Mau SPs from 2023 over ‘casual approach’ in criminal case trial
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Posting the matter for November 16, 2026, the Bench said an affidavit personally affirmed by the State’s Chief Secretary, placing on record the action taken, should be filed before the next hearing. File. | Photo Credit: S. Subramanium
Taking strong note of the “casual approach” of the 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 in Mau district since 2023.
A Bench of Justices Ahsanuddin Amanullah and R. Mahadevan noted that only two of 54 prosecution witnesses had 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 that neither he nor his remains have been found to date.
“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 the criminal trial,” the Bench said in its order of September 21, 2026.
The Court said it was primarily the investigating agency's 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 order of August 10, 2026, the incumbent Superintendent of Police of Mau was present in court and had filed an affidavit dated August 29, 2026. "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 Court said.
It noted that despite the framing of charges in March 2023, the prosecuting agency had shown not even a "semblance of seriousness" 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.
Posting the matter for November 16, 2026, the Bench said an affidavit personally affirmed by the State's Chief Secretary, placing on record the action taken, should be filed before the next hearing.
The 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 investigation in the case, lodged at Mau in 2017, to the Central Bureau of Investigation (CBI) or any other agency. The High Court had disposed of the plea after noting the State Counsel’s submission that the investigation had been concluded and a chargesheet had already been filed in court.
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