Expressing surprise with the ”lackadaisical and most lethargic manner” in which an attempt to murder case was being handled by the Badlapur police, the Bombay High Court remarked that this was a mockery of the criminal justice system.
The court noted that offences of attempt to murder and dacoity were serious in nature and an offence against the society at large and hence have to be probed properly.
The HC was hearing petitions filed by two persons seeking to quash a case registered against them for attempt to murder and dacoity for allegedly attacking a man and his mother with a sword and iron rod.
During the hearing, the police told the court that the accused and the complainant had settled the matter and hence investigation in the case was ”curtailed”.
The court expressing surprise said it was a serious offence.
“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,” a bench of Justices A S Gadkari and Neela Gokhale said on August 23.
The judges lamented that this was yet another case wherein investigation was conducted in most lackadaisical and lethargic manner. “According to us, this is a mockery of the criminal justice system at the hands of the investigating officer of the present crime,” the court added.
Nothing that the State has to investigate serious offences, the bench added that it cannot be a “silent spectator” to offences being committed and thereafter compromised by the parties for whatever reasons.
The court said the manner in which the investigation was done was sufficient to raise doubt on the integrity of the police.
The court directed that this matter be brought to the notice of the Commissioner of Police, Thane and directed him to file a detailed affidavit. The HC has kept the matter for hearing on September 13.
