April 11, 2021 9:11:45 pm
The Bombay High Court, while quashing criminal proceedings against a 27-year-old Kurla man, who along with 13 others was booked in 2014 for riding motorcycles in a rash manner, observed that police officials took more than one year to file a report against him and the magistrate failed to apply mind while condoning the delay.
The court directed the Mumbai Police Commissioner to initiate an appropriate inquiry against the Investigating Officer for causing delay in such a “trivial matter”.
A division bench of Justice S S Shinde and Justice Manish Pitale passed the ruling on the plea by the man seeking to quash and set aside criminal proceedings and order of cognizance of offence taken by a metropolitan magistrate, stating that the same was initiated after the stipulated time as per law had lapsed.
A police constable at Bandra police station on March 3, 2014 lodged the FIR making the petitioner, along with 13 others, punishable under sections 279 (rash driving or riding on a public way) and 336 (act endangering life or personal safety of others).
The informant constable was part of a police team that received information about certain persons riding motorcycles in rash and negligent manner at high speed, and intercepted them.
The petitioner through advocate Shravan Giri submitted that the case is still pending and even Roznama has not been properly maintained by the magistrate court.
After hearing submissions, the bench observed that the cognizance of offence could have been taken only up to one year from date of offence.
“The request for remanding the matter back to the magistrate cannot be granted. There is nothing to show that the magistrate either applied his mind to the aspect of expiry of limitation or condoning the delay,” the bench said.
The HC directed the Mumbai Police Commissioner to initiate an inquiry against the concerned investigating officer “who took more than one year for filing a report in such a trivial matter” and said the report be produced within three months.
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