Police can investigate, not decide a case: HC | mumbai | Hindustan Times
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Police can investigate, not decide a case: HC

Expressing displeasure over the fact that the police had refused to register a First Information Report (FIR) in the alleged murder of a 50-year-old Ananth Kumar Naidu, the Bombay high court slammed the police for purportedly pre-deciding a case even before registering a complaint.

mumbai Updated: Jul 20, 2011 01:12 IST
HT Correspondent

Expressing displeasure over the fact that the police had refused to register a First Information Report (FIR) in the alleged murder of a 50-year-old Ananth Kumar Naidu, the Bombay high court slammed the police for purportedly pre-deciding a case even before registering a complaint.

“The police should not decide on the outcome of the cases on their own and leave it to the competent courts,” a division bench of justice BH Marlapalle and justice UD Salvi said on Tuesday. The court was hearing a petition filed by Shardha Subbarao, sister of the deceased.

On April 11, Naidu was found lying in pool of blood with multiple injuries on his face and head at Gandhinagar junction in Kanjurmarg. While Subbarao alleged that her brother was killed at his former wife’s behest, the police insisted that it was an accident and he had died after falling in a drain.

“The police are only required to investigate an incident and submit a report,” the judges said, adding, “Don’t sit in police stations and decide the cases on your own.”

Acting on her petition, the court directed the Parksite police to register an FIR about the alleged murder, and submit a charge sheet before the court after completing the required investigation in this case.

The judges were upset to find that the police had passed a judgment without even probing the matter. “How can you do this?” the judges asked additional public prosecutor FR Shaikh. “It can be a suicide, homicide, or murder,” they told him.

Subbarao had alleged in her petition that the deceased had divorced his wife for allegedly having illicit relationships, following which she had demanded a share in their Kandivli residence. The dispute was not settled and thus the deceased was staying with Subbarao at her house in Wadala.

Shaikh said that Naidu’s post-mortem report stated that the multiples injuries could be because of falling into a drain in an inebriated condition. He submitted that the police did not investigate the matter further.

The judges reminded him that it was not for the police to decide that, and suggested they should leave it to the competent courts.