Don't act under public pressure, Bombay HC tells cops probing Badlapur case
The court criticised Badlapur police for their slow and ineffective investigation into an attempt to murder and dacoity case, calling it a mockery of justice
MUMBAI: The Bombay high court has rapped the Badlapur West police for its lackadaisical and lethargic probe into an attempt to murder and dacoity case. The court said the manner in which the police handled the case was a mockery of the criminal justice system.
The court was hearing petitions filed by the four accused for quashing the case registered against them in March for allegedly attacking a man and his mother with a sword and an iron rod.
The investigating officer informed the court that he had slowed down the probe after the two accused persons told him they were trying to settle the matter amicably. However, the division bench of justice AS Gadkari and justice Neela Gokhale expressed their surprise at this, saying that attempt to murder and dacoity were serious offences and must be investigated properly.
“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 bench said.
The bench added that this was yet another case wherein the investigation into an offence of attempt to murder was conducted in a “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 also said the manner in which the investigation was done was sufficient to raise doubt on the integrity of the police. “It appears the investigating officer of the present crime is reluctant to conduct the investigation and is acting under the pressure and/or direction of the accused persons,” the court said. It directed the Thane police commissioner to file his personal affidavit and posted the matter for further hearing on September 13.
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