Court slams Mumbai cops for prolonged delay in probe into 2020 cheating case

The Bombay High Court has come down heavily on the Mumbai Police for failing to conclude an investigation into a case of cheating, forgery, and breach of trust registered in 2020 at the Malabar Hill police station. Despite the passage of five years, the probe remains incomplete, prompting the court to direct the Joint Commissioner of Police to examine the issue and file a detailed reply.

A bench comprising Justices AS Gadkari and Rajesh S Patil was hearing a plea filed last year by Bhavdipsinh P Chudasama, seeking cancellation of the FIR and investigation.

On September 10, 2024, Justice Gadkari expressed surprise over the prolonged delay, stating, “It is surprising to note that the investigation... is not yet completed in last about four years.”

At the time, the bench remarked that the investigating officer appeared neither sincere nor serious in pursuing the matter and indicated that it might consider referring the issue to the Commissioner of Police. The court then paused the investigation.

Subsequently, on March 24 this year, the matter was heard by another bench led by Justice Sarang Kotwal, which vacated the stay after Additional Public Prosecutor JP Yagnik submitted that the investigation was nearly complete, with only a few issues pending. The bench had said, “We see no reason to continue the ad-interim relief granted earlier henceforth. The investigation has to culminate into the filing of a proper police report.”

However, when the plea came up again before Justice Gadkari’s bench, the court noted that 90 days had passed since March 24, and the prosecution was still seeking more time to complete the investigation.

The bench observed, “Though a solemn statement was made before this Court on March 24 this year, it appears that the Investigating Officer of the present crime has no time either to complete the investigation or he is more interested in keeping the investigation perpetually pending for the reasons best known to him. This is against the basic tenets of criminal jurisprudence.”

In light of this, the court decided to bring the issue to the attention of the Mumbai Police Commissioner. On a request made by Additional Public Prosecutor Ashish Satpute, the bench directed the Joint Commissioner of Police to personally file a reply within two weeks. The matter will now be heard again on July 14.

The court further specified, “If after perusing the record, the Joint Commissioner of Police comes to the conclusion that the approach adopted by the concerned investigating officer(s) was lackadaisical in nature, he is at liberty to take necessary action as per the provisions of law against the delinquent.”

- Ends