"Defective Investigation Shakes Public Confidence": Bombay High Court Transfers Probe In Nagpur Ram Jhula Hit And Run Case

The Nagpur bench of the Bombay High Court on Friday transferred the investigations of the infamous Nagpur Ram Jhula hit-and-run case, wherein a woman under the influence of alcohol drove her Mercedes Benz and mowed down two youngsters, from the local police station to the State Crime Investigation Department (CID) after noting several lapses in the initial investigation.

A division bench of Justices Vinay Joshi and Vrushali Joshi while transferring the case observed that defective investigation tends to shake the confidence of the members of the society and also the victims.

The judges took into account the fact that soon after the accident on February 25, 2024, on the Ram Jhula Bridge the accused Ritika Malu and her friend, both of whom were in an inebriated condition, were subjected to medical tests after nearly six hours of the accident and were given bail by a Magistrate thereafter. They further noted that one Parshuram Baval, the police sub-inspector (PSI), who was known to the Malu's family, even handed over the car to the accused family and even removed the alcohol bottles from the car.

"The lapses quoted above would reasonably create an impression that initial investigation was lacking the bonafides or can be said to be tainted one. The criminal offence is always against the society at large, casting an onerous duty on the State to faithfully discharge its sacrosanct responsibility in carrying a fair investigation," the judges said in the order.

On the premise that the manner of investigation is a prerogative of the agency, the Courts cannot turn a blind eye to the factual aspect by adhering to such a general proposition. It is a bounden duty of the Courts to uphold the truth and truth means the absence of deceit, fraud and absence of malafides, the bench emphasised.

"Impartial and truthful investigation is imperative. The people who are clamouring for justice should not harbor a feeling that, they are casualties despite demonstrating the unfairness and laxity in the process," the judges underscored.

The investigation, the bench explained, is a process of collection of evidence which is of vital importance and any delay on various fronts would badly affect the prosecution case.

"Police have to ensure proper and quick investigation which is hallmark of criminal trial. During passage of time, evidence would either wither or disappear, which would weaken the prosecution case. In serious offences, the crime scene should be preserved so that the trace/physical evidence is not disturbed or tampered with," the bench observed.

The judges emphasised that the investigating officer has to use his wit and wisdom in the quest for truth by collecting all necessary circumstantial evidence.

The instance of late registration of the first information report (FIR) despite knowledge of the commission of a cognizable offence, letting the accused go without medical examination in proximity, releasing the offending vehicle without inspection, distrust shown on the investigating officer by the Prosecutor in trial Court, are the few instances which prominently raises a big question mark on the fairness of the investigation, the judges underlined, the Court said.

"Defective investigation tends to shake faith reposed by the members of the society including the accused as well as the victim," the bench remarked.

The circumstances in the present case, the judges reasoned, persuaded them to exercise their inherent powers to bring credibility and confidence in the investigating agency for ultimately reaching the truth and to guard the fundamental rights of a citizen.

"One of the reason for transfer is to do justice between the parties and to instill confidence in the society. In conclusion we are not satisfied about the mode and manner in which the investigating agency had worked, and therefore, as an exceptional situation we are inclined to transfer the investigation to State agency with a hope and trust for impartial, fair and truthful investigation," the judges opined, while ordering the local police to forthwith hand over the case papers to the CID.

Background:

On February 25, 2024, the accused Ritika Malu drove her Mercedes Benz in a reckless manner and dashed Mohammad Hussain and Mohammad Ateque, both of whom died on the spot. It is alleged that within minutes of the accident, PSI Baval let the women escape from the spot. They were later brought for medical tests at 7:30 AM while the accident took place at 1:30 AM. The women were released on bail by a local Magistrate by 10:30AM of the very same day.

It was alleged by the kin of the deceased young boys, that PSI Baval helped the women to get away from the crime scene, he got the liquor bottles removed from the car, handed over the car to the family etc.

It was alleged that only after a hue and cry by the public at large, the police swung into action and probe the case by collecting more evidence. However, amid all this, the cops lost vital evidence like proper medical tests, liquor bottles from cars etc. 

The family through the instant petition, therefore, sought the probe in the case to be transferred to the State CID. The bench accepted the prayers and accordingly transferred the probe to CID after noting several lapses on the part of the local police.

Appearance:

Advocate AG Hunge appeared for the Petitioner.

Senior Advocate and Public Prosecutor DV Chavhan along with Additional Public Prosecutor NH Joshi represented the State.

Case Details: Shahrukh Ziya Mohammad vs State of Maharashtra (Criminal Writ Petition 441 of 2024)

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