'Settlement' of Attempt to Murder, Dacoity Case: Mockery of Justice, Says HC; Admonishes Cops

The Bombay High Court was hearing petitions filed by two persons seeking to quash an attempt to murder and dacoity case lodged against them for allegedly attacking a man and his mother with a sword and an iron rod.

Mumbai:The Bombay High Court expressed surprise with 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 this 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 offences of attempt to murder and dacoity were serious in nature and were offences against the society at large and, hence, have to be probed properly.

The court was hearing petitions filed by two persons seeking to quash an attempt to murder and dacoity case lodged against them for allegedly attacking a man and his mother with a sword and an iron rod. The police told court since the accused persons had given a letter to them claiming they intended to settle the matter, investigation in the case was curtailed.

The court expressed its surprise at this and said the offence in the case was for attempt to murder and dacoity. "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 said.

The bench said 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 High Court said.

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 court 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 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 court posted the matter for further hearing on September 13 by when the affidavit shall be filed. PTI SP
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