Bombay HC: Settlement of attempted murder and robbery is a mockery of justice

The court was hearing petitions filed by two people seeking dismissal of attempted murder and robbery cases against them for allegedly attacking a man and his mother with a sword and an iron rod.

Police told the court that the investigation into the case had been closed because the accused had handed over a letter declaring their intention to settle the matter.

The court was surprised by this and declared that this case was a case of attempted murder and robbery.

“Prima facie, it appears that the offence alleged against the accused is of a serious nature. It is a settled position in law that an offence under Sections 307 (attempt to murder) and 397 (robbery) is an offence against the society at large and, therefore, the investigating officer should have closed the investigation despite the alleged intention of the parties to clear the case,” the Supreme Court said.

The court said this was another case in which the investigation into an attempted murder case had been conducted in an “extremely negligent and lethargic” manner.

“In our view, this is a mockery of the criminal justice system by the investigating officer in this present crime,” the Supreme Court said.

The state must investigate serious crimes and cannot be a “silent spectator” when crimes are committed and subsequently compromised by those involved, for whatever reasons, the court explained.

The court stated that the manner in which the investigation was conducted was sufficient to raise doubts about the integrity of the police.

“It appears that the investigating officer of the present crime is reluctant to conduct investigation and is acting under the pressure and/or instruction of the accused,” HC said.

“In view of these disturbing facts, we consider it appropriate to bring this matter to the attention of the Superintendent of Police, Thane and direct him to file a detailed affidavit,” the court said.

The court has scheduled the case for another hearing on September 13. The affidavit must be filed by then.