Bombay High Court
Babita Pawan Jha vs The State Of Maharashtra on 3 September, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:36937-DB
907. WP(ST) 760-2024 (J).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST) NO. 760 OF 2024
ANAND Mrs. Babita Pawan Jha .. Petitioner
SUDHAKAR Age : 50 years, Occ : Housewife
SUDAME Indian inhabitant
Digitally signed
R/at : Vimladevi Chawl,
by ANAND Gaodevi Road, Poisar,
SUDHAKAR Kandivali (E),
SUDAME
Date: Mumbai - 400 071.
2025.09.03
15:09:18 +0530
Versus
The State of Maharashtra .. Respondents
(At the instance of Inspector of
Police, Bangur Nagar Police Station)
Mr. Bharat V. Bhatia i/b. Ms. Rita Bhatia a/w. Ms. Priyanka Pardeshi &
Ms. Kirti S. Kataria, Advocates, for the Petitioner
Ms.Gauri S. Rao, APP, for the Respondent - State
Mr. Revendra Avhad, Sr. PI a/w. Mr. Ashfaque Shaikh, PI, Bangur
Nagar Police Station present
CORAM : RAVINDRA V. GHUGE
&
GAUTAM A. ANKHAD, JJ.
RESERVED ON : 26th August, 2025
PRONOUNCED ON : 3rd September, 2025
_______________________________________________________________
Anand 1/8
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907. WP(ST) 760-2024 (J).odt
JUDGMENT (PER : GAUTAM A. ANKHAD, J.)
1. Rule. Rule is made returnable forthwith. The matter is heard
finally with the consent of the parties.
2. On 17th August 2022, the Petitioner lodged a complaint against
unknown persons/truck driver for causing the death of her son, who was riding
a two-wheeler scooter bearing No. MH-05-EF-4731. The incident took place
near Raunak Masjid, New Link Road, Malad, Mumbai. Pursuant thereto,
Bangur Nagar Police Station registered C.R. No. 651 of 2022 dated 17 th August
2022, under Sections 209 and 304-A of the IPC and Sections 134(A) and
134(B) of the Motor Vehicles Act, 1988.
3. As per the FIR, a speeding truck hit the scooter from behind,
causing the Petitioner's son to fall. His helmet was dislodged, and he was
subsequently run over by the truck. At the time of the incident, the Petitioner
was riding a separate two-wheeler along with Mr. Naveen D'Costa, while her
son was on scooter bearing No. MH-05-EF-4731. The Petitioner, being in a
state of shock and horror, could not note down the number plate of the
offending truck.
907. WP(ST) 760-2024 (J).odt
4. The Petitioner has contended that, despite registration of the FIR,
the police acted negligently and in a callous manner in concluding the
investigation. Her repeated pleas to the police to trace the culprit were
disregarded by the authorities. In these circumstances, on 4 th June 2024, the
Petitioner has approached this Court seeking the following reliefs:
(a) To issue 'Writ of Mandamus' or Writ in the nature of Mandamus or any
other appropriate Writ, direction or Order to the Respondent, to forthwith file
the details of the investigation conducted till now and further direct the Police
authorities of Bangur Nagar Police Station to file the Charge-sheet
immediately in respect of the FIR dated 17/8/2022;
(b) To grant any other and further relief as this Hon'ble Court may deem fit
and proper.
5. The matter was first heard on 17 th January, 2024 and thereafter on
nine occasions. During these hearings, the Court was assured that the
investigation was in progress and under the supervision of the Deputy
Commissioner of Police, Zone XI. It was further submitted that efforts were
being made to trace the vehicle and persons involved in the incident. Two
Affidavits were filed - one by Mr. Dnyadev Pawar, Police Sub-Inspector, on
27th March 2024, and another by Mr. Anand Bhoite, Deputy Commissioner of
907. WP(ST) 760-2024 (J).odt
Police, on 22nd April 2025, setting out the steps taken in the investigation.
However, despite these efforts, the investigating team failed to identify the
Accused, and no conclusive leads emerged regarding the truck, its driver, or its
owner. Hence on 25th October 2023, 'A' Summary was filed before the learned
Magistrate. After this petition was filed, PSI Pawar re-commenced the
investigation. It is stated that neither he nor subsequent officers were able to
trace the accused or the vehicle.
6. We heard the parties at length on 5 th August, 2025 and recorded
our displeasure at the slow pace of investigation and the inability of the police
to trace the Accused. On that date, the following Order was passed:
"1. We have perused the order dated 21st
October, 2024, passed by this Court, and the
subsequent orders. It was due to the intervention
of this Court that the Deputy Commissioner of
Police, Zone-11, initiated an investigation ino the
accident that occurred on 17th August, 2022. A
young man passed away in a road accident. A
heavy motor vehicle (truck) hit his scooter and
crushed him to death. He was the only son of the
parents with two sibling sisters. He was in
employment and was unmarried.
2. We grant liberty to the learned Advocate for
the Petitioner to address the Court on the issue of
quantifying compensation, since, prima facie, we
find that hardly any investigation was carried out
into the accident. In 2025, some photographs of
few trucks were taken, and six sets of photographs
907. WP(ST) 760-2024 (J).odt
were placed before us which, prima facie, appear
to be an eye wash to suggest that the Police
Authorities had investigated the matter and found
no clues.
3. On the next date, the learned APP shall
give a list of the Police Officers who were in-
charge of the concerned Police Station from 17th
August, 2022 onwards.
4. List this Petition on 25th August, 2025 in the
urgent admissions category. Needless to state, that
we would be hearing all the parties on all the
issues in this case, before we form any opinion."
7. Today, we have heard Mr. Bhatia, learned Counsel for the
Petitioner, Ms. Rao, learned APP, and Police Inspector Mr. Ashfaque Shaikh.
Ms. Rao has informed us that the police have identified the vehicle and its
owner, and have also traced the Accused driver. A Charge-sheet has already
been filed on 7th August, 2025. In compliance with paragraph 3 of our Order
dated 5th August 2025, Ms. Rao has filed a list of police officers who were in
charge of the police station, together with the names of the investigating
officers. The said list, signed by Mr. Ashfaque Ahmad Noor Ahmad Shaikh,
Police Inspector, Bangur Nagar Police Station, Link Road, Mumbai, has been
taken on record and marked as 'X' for identification.
8. Upon perusal of the record and the Affidavits filed, we find that
907. WP(ST) 760-2024 (J).odt
the police has been grossly callous in conducting the investigation. A young
man lost his life in a hit-and-run incident on 17 th August 2022, yet it has taken
nearly three years for the police to trace the Accused and file a Charge-sheet.
Ms. Rao has informed us that the Accused was traced by methods such as
comparing e-challans issued on the date of the incident and tracking the
vehicle's entry into Mumbai. If these steps were indeed effective, we fail to
understand why they were not taken by the earlier investigating officers during
the preceding three years. No explanation was forthcoming from the learned
APP on this.
9. The Affidavits filed by the police reflect an attitude of
helplessness in tracing the Accused. It appears that only after this Court
cautioned the police of possible consequences, did the investigation gain
momentum. The lackadaisical approach adopted over the last several years is
seriously depreciable. The police authorities have fallen short of the standards
expected by citizens. In our view, the earlier Investigating Officers must be
held accountable for their indifference. Their conduct has been nothing short of
shocking and deserves condemnation.
10. In particular, PSI Mr. Dnyadev Pawar, who handled the
907. WP(ST) 760-2024 (J).odt
investigation between 17th August 2022 and 22nd August 2024, must explain his
negligence and indifference. Notably, he failed to seize the muddemaal scooter
(MH-05-EF-4731), a basic step expected in such cases, and did not even bring
the vehicle to the police station. This reflects a clear lack of seriousness and
dereliction of duty. Further, the e-challan data, which has now formed a part of
the Charge-sheet, was available from the outset. There is no justification for
the failure to explore this line of inquiry earlier. The three-year delay in filing
the Charge-sheet is wholly unjustifiable. We are, therefore, constrained to
direct the Director General of Police to initiate a departmental inquiry against
PSI Mr. Pawar for dereliction of duty and faulty investigation, and to take
appropriate action in accordance with the established rules and procedure. We
are informed that Mr. Pawar is presently posted with the DIG, Nagpur.
11. The Court notes that the second Investigating Officer PSI Sharad
Waghmare, handled the case for a brief period of three months. Thereafter, the
current investigating officer Mr. Shaikh was ultimately able to trace the
Accused. For these reasons, we do not find it necessary to recommend any
action against these two officers.
12. In view of the Charge-sheet having now been filed, the Petition
907. WP(ST) 760-2024 (J).odt
stands worked out in terms of prayer (a) of the petition. Therefore, this
Petition is disposed off. Rule is made absolute. Undoubtedly, this delay in
investigation has caused immense prejudice to the Petitioner. To ensure that
there is no further delay, we issue the following directions :-
(a) The Trial Court shall expedite the proceedings and conclude the trial
preferably within one year from today;
(b) The State is directed to ensure that the trial progresses without
obstruction or delay and all the parties shall co-operate for the expeditious
disposal;
(c) After the Trial Court delivers its Judgment, the Petitioner shall be
entitled to approach the Motor Accident Claims Tribunal for compensation, if
such a remedy is available to the Petitioner. We direct that the period spent
before this Court and the Trial Court shall be excluded for the purpose of
limitation before the Tribunal; and
(d) The Trial Court and the Motor Accident Claims Tribunal shall not grant
any adjournments, save and except for the most compelling reasons to be
recorded in writing.
[GAUTAM A. ANKHAD, J.] [RAVINDRA V. GHUGE, J.]
