Case Note & Summary
The petitioner, Mrs. Babita Pawan Jha, filed a criminal writ petition seeking a writ of mandamus to direct the police to file a charge-sheet in connection with the death of her son in a hit-and-run accident on 17th August 2022. The incident occurred near Raunak Masjid, New Link Road, Malad, Mumbai, when a speeding truck hit her son's scooter from behind, causing him to fall and be run over. The petitioner, who was riding a separate two-wheeler, could not note the truck's number plate due to shock. Despite registration of FIR No. 651 of 2022 under Sections 209 and 304-A IPC and Sections 134(A) and 134(B) of the Motor Vehicles Act, 1988, the police failed to identify the accused even after two years. The petitioner alleged negligence and callousness on the part of the police. The court heard the matter on multiple occasions, and the police filed affidavits stating that efforts were made but the accused could not be traced. On 25th October 2023, an 'A' Summary was filed before the Magistrate. The court, expressing displeasure over the police's failure, directed the State of Maharashtra to pay Rs. 5,00,000 as compensation to the petitioner within four weeks, with liberty to recover the amount from the erring officers. The court also directed the police to continue investigation and file a charge-sheet if the accused is traced. The petition was disposed of accordingly.
Headnote
A) Criminal Law - Police Investigation - Negligence - Compensation - The court examined whether the police's failure to identify the accused in a hit-and-run case despite two years of investigation amounted to negligence, and whether compensation could be awarded to the victim's mother. The court held that the police acted in a callous manner and directed the State to pay Rs. 5,00,000 as compensation to the petitioner, with liberty to recover from the erring officers. (Paras 1-8) B) Criminal Procedure - Summary Report - 'A' Summary - Further Investigation - The court considered the legality of filing an 'A' summary (false case) when the accused is not traced. The court held that the filing of 'A' summary does not preclude the court from directing further investigation, and in this case, the court directed the police to continue efforts to trace the accused. (Paras 5-8)
Issue of Consideration
Whether the police can be directed to pay compensation for negligent investigation and failure to identify the accused in a hit-and-run case, and whether the court can order further investigation despite filing of 'A' summary.
Final Decision
The court directed the State of Maharashtra to pay Rs. 5,00,000 as compensation to the petitioner within four weeks, with liberty to recover from erring officers. The police were directed to continue investigation and file charge-sheet if accused is traced. Petition disposed of.
Law Points
- Police negligence
- compensation for dereliction of duty
- right to fair investigation
- summary report
- Motor Vehicles Act
- IPC
