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The Bombay High Court (HC) has expressed its surprise over the “lackadaisical and lethargic manner” in which an attempt to murder and dacoity case was being handled by the police in Badlapur in Thane district and said it was a “mockery of the criminal justice system”.
A division bench of Justices A S Gadkari and Neela Gokhale, in its order of August 23, said the offences of attempt to murder and dacoity were serious in nature and against the society at large and, hence, have to be probed properly.
HC was hearing petitions filed by two people, accused of attempt to murder and dacoity, to quash the case against them. The duo is booked for allegedly attacking a man and his mother with a sword and an iron rod.
The police told the court that as the accused had given a letter to them claiming that they intended to settle the matter, the investigation in the case was curtailed.
On this, the court expressed its surprise.
“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,” HC said.
The bench added that this was yet another case in which 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,” HC observed.
The state has to investigate serious offences and cannot be a “silent spectator” to offences being committed and thereafter, compromised by the parties under any reason, the court said, adding that 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 investigation and is acting under the pressure and/or direction of the accused persons,” HC said.
“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 said.
The police have been asked to file the affidavit by September 13, the day the case will be next heard.
(With PTI inputs)
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