Babita Pawan Jha v. The State of Maharashtra

1. Rule. Rule is made returnable forthwith. The matter is heard finally with the consent of the parties.

2. On 17th August 2022, the Petitioner lodged a complaint against unknown persons/truck driver for causing the death of her son, who was riding a two-wheeler scooter bearing No. MH-05-EF-4731. The incident took place near Raunak Masjid, New Link Road, Malad, Mumbai. Pursuant thereto, Bangur Nagar Police Station registered C.R. No. 651 of 2022 dated 17th August 2022, under Sections 209 and 304-A of the IPC and Sections 134(A) and 134(B) of the Motor Vehicles Act, 1988.

3. As per the FIR, a speeding truck hit the scooter from behind, causing the Petitioner’s son to fall. His helmet was dislodged, and he was subsequently run over by the truck. At the time of the incident, the Petitioner was riding a separate two-wheeler along with Mr. Naveen D’Costa, while her son was on scooter bearing No. MH-05-EF-4731. The Petitioner, being in a state of shock and horror, could not note down the number plate of the offending truck.

4. The Petitioner has contended that, despite registration of the FIR, the police acted negligently and in a callous manner in concluding the investigation. Her repeated pleas to the police to trace the culprit were disregarded by the authorities. In these circumstances, on 4th June 2024, the Petitioner has approached this Court seeking the following reliefs: (a) To issue ‘Writ of Mandamus’ or Writ in the nature of Mandamus or any other appropriate Writ, direction or Order to the Respondent, to forthwith file the details of the investigation conducted till now and further direct the Police authorities of Bangur Nagar Police Station to file the Charge-sheet immediately in respect of the FIR dated 17/8/2022; (b) To grant any other and further relief as this Hon’ble Court may deem fit and proper.

5. The matter was first heard on 17th January, 2024 and thereafter on nine occasions. During these hearings, the Court was assured that the investigation was in progress and under the supervision of the Deputy Commissioner of Police, Zone XI. It was further submitted that efforts were being made to trace the vehicle and persons involved in the incident. Two Affidavits were filed - one by Mr. Dnyadev Pawar, Police Sub-Inspector, on 27th March 2024, and another by Mr. Anand Bhoite, Deputy Commissioner of Police, on 22nd April 2025, setting out the steps taken in the investigation. However, despite these efforts, the investigating team failed to identify the Accused, and no conclusive leads emerged regarding the truck, its driver, or its owner. Hence on 25th October 2023, ‘A’ Summary was filed before the learned Magistrate. After this petition was filed, PSI Pawar re-commenced the investigation. It is stated that neither he nor subsequent officers were able to trace the accused or the vehicle.

6. We heard the parties at length on 5th August, 2025 and recorded our displeasure at the slow pace of investigation and the inability of the police to trace the Accused. On that date, the following Order was passed:

7. Today, we have heard Mr. Bhatia, learned Counsel for the Petitioner, Ms. Rao, learned APP, and Police Inspector Mr. Ashfaque Shaikh. Ms. Rao has informed us that the police have identified the vehicle and its owner, and have also traced the Accused driver. A Charge-sheet has already been filed on 7th August, 2025. In compliance with paragraph 3 of our Order dated 5th August 2025, Ms. Rao has filed a list of police officers who were in charge of the police station, together with the names of the investigating officers. The said list, signed by Mr. Ashfaque Ahmad Noor Ahmad Shaikh, Police Inspector, Bangur Nagar Police Station, Link Road, Mumbai, has been taken on record and marked as ‘X’ for identification.

8. Upon perusal of the record and the Affidavits filed, we find that the police has been grossly callous in conducting the investigation. A young man lost his life in a hit-and-run incident on 17th August 2022, yet it has taken nearly three years for the police to trace the Accused and file a Charge-sheet. Ms. Rao has informed us that the Accused was traced by methods such as comparing e-challans issued on the date of the incident and tracking the vehicle’s entry into Mumbai. If these steps were indeed effective, we fail to understand why they were not taken by the earlier investigating officers during the preceding three years. No explanation was forthcoming from the learned APP on this.

9. The Affidavits filed by the police reflect an attitude of helplessness in tracing the Accused. It appears that only after this Court cautioned the police of possible consequences, did the investigation gain momentum. The lackadaisical approach adopted over the last several years is seriously depreciable. The police authorities have fallen short of the standards expected by citizens. In our view, the earlier Investigating Officers must be held accountable for their indifference. Their conduct has been nothing short of shocking and deserves condemnation.

10. In particular, PSI Mr. Dnyadev Pawar, who handled the investigation between 17th August 2022 and 22nd August 2024, must explain his negligence and indifference. Notably, he failed to seize the muddemaal scooter (MH-05-EF-4731), a basic step expected in such cases, and did not even bring the vehicle to the police station. This reflects a clear lack of seriousness and dereliction of duty. Further, the e-challan data, which has now formed a part of the Charge-sheet, was available from the outset. There is no justification for the failure to explore this line of inquiry earlier. The three-year delay in filing the Charge-sheet is wholly unjustifiable. We are, therefore, constrained to direct the Director General of Police to initiate a departmental inquiry against PSI Mr. Pawar for dereliction of duty and faulty investigation, and to take appropriate action in accordance with the established rules and procedure. We are informed that Mr. Pawar is presently posted with the DIG, Nagpur.

11. The Court notes that the second Investigating Officer PSI Sharad Waghmare, handled the case for a brief period of three months. Thereafter, the current investigating officer Mr. Shaikh was ultimately able to trace the Accused. For these reasons, we do not find it necessary to recommend any action against these two officers.