NEW DELHI: The Bombay high court criticised the police in Badlapur, Thane district, for their “lackadaisical and lethargic manner” of handling a serious attempt to murder and dacoity case. The court described the situation as a “mockery of the criminal justice system.” The division bench of Justices A S Gadkari and Neela Gokhale emphasised the gravity of the offences and stressed the need for proper investigation.This ruling came during the court hearing on August 23, addressing petitions filed by two individuals seeking to quash the charges against them.
The case involves allegations of attacking a man and his mother with a sword and an iron rod. According to the police, the investigation was curtailed after the accused expressed their intention to settle the matter through a letter. The court was taken aback by this development, pointing out that the offences of attempt to murder and dacoity are serious and affect society at large.
“Prima facie, it appears the offence alleged against the accused persons is serious in nature. It is a settled position of law that an offence under section 307 (attempt to murder) and 397 (dacoity) is an offence against the society at large and, hence, the investigating officer ought to have completed the investigation, despite purported intent to settle as expressed by parties,” the HC stated.
The bench expressed concern over the manner in which the investigation was conducted, labeling it as extremely poor.
“According to us, this is a mockery of the criminal justice system at the hands of the investigating officer of the present crime,” the high court noted.
The court further emphasized that the state has a duty to investigate serious offences and cannot simply be a bystander, allowing the parties involved to compromise for reasons unspecified.
“The state has to investigate serious offences and it cannot be a ‘silent spectator’ to offences being committed and thereafter compromised by the parties for whatever reasons,” the court said.
The High Court questioned the integrity of the police due to the manner of investigation, suggesting potential external influences on the investigating officer.
“It appears the investigating officer of the present crime is reluctant to conduct investigation and is acting under the pressure and/or direction of the accused persons,” the HC said.
Given these “disturbing facts,” the bench felt it necessary to draw the attention of the Commissioner of Police, Thane. The court has directed the commissioner to file a detailed affidavit regarding the investigation.
“In view of the disturbing facts, we deem it appropriate to bring this matter to the notice of the Commissioner of Police, Thane, and direct him to file a detailed affidavit,” the bench instructed.
The matter is scheduled for further hearing on September 13, by which the Commissioner is expected to file the affidavit.